Madras High Court

Perumal vs State Represented By The on 7 March, 2022

                                                                             Crl.O.P.(MD) No.1605 of 2020


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 07.03.2022

                                                   CORAM:

                           THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                        Crl.O.P.(MD) No.1605 of 2020
                                                    and
                                        Crl.M.P.(MD) No.747 of 2020


                Perumal                                                         ...Petitioner


                                                         Vs.


                1. State represented by the
                   Inspector of Police,
                   Nanguneri Police Station,
                   Nanguneri,
                   Tirunelveli District.
                   (Crime No.435 of 2019)

                2. Eliyesar Joseph                                         ...Respondents


                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying

                this Court to call for the First Information Report in Crime No.435 of 2019 on

                the file of the Inspector of Police, Nanguneri Police Station, Nanguneri,

                Tirunelveli District and subsequently quash the same as illegal, erroneous and

                devoid of merits in respect of the petitioner forthwith.

                1/7

https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD) No.1605 of 2020




                                      For Petitioner     : M/s.S.Palani Velayutham

                                      For R1             : Mr.R.M.Anbunithi
                                                         Additional Public Prosecutor

                                      For R2             : Mr.M.Saravana Kumar


                                                       ORDER

This petition has been filed to quash the FIR in crime No.435 of 2019,

on the file of the Inspector of Police, Nanguneri Police Station, Tirunelveli.

2.The case of the prosecution is that the second respondent is the power

agent of his daughter and son in law. They were owning a property in S.Nos.

45/4, 45/5, 46/1, 47, 52/1 and 52/2 measuring to an extent of 65 acres at

Rajakkamangalam Village, Nanguneri Taluk, Tirunelveli District. The said

property was in possession of the second respondent in the capacity of power

agent. The petitioner's name had been wrongly mentioned in the revenue

records with regard to the property in S.Nos.52/1B and 52/2B and

subsequently on the basis of the order passed by the Sub Collector,

Cheranmahadevi, Tirunelveli District made in Ni.Mu.2043/2015, dated

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.1605 of 2020

03.12.2016, the name of the petitioner had been deleted from the revenue

records and subsequently, the same had been communicated to the office of

the Village Administrative Officer of the concerned village. Hence, there is no

right for the petitioner in the said property. Then, the second accused had

created a forged relinquishment deed bearing Document No.310 of 2001 and

on that basis he had subsequently, executed a sale deed in favour of the third

accused vide Document No.279 of 2008 in S.Nos.45/4, 45/5, 46/1, 46/2 and

47 measuring to an extent of 9 acres 68 ½ cents situated at Rajakkamangalam

Village, Nanguneri Taluk, Tirunelveli District.

3.The learned Counsel appearing for the petitioner would submit that

the petitioner is innocent and he has not committed any offence as alleged by

the prosecution. Without any base, the first respondent police registered a case

in Crime No.435 of 2019 for the offences under Sections 467, 466, 427 and

379 of IPC.

4.The learned Additional Public Prosecutor would submit that the

investigation is completed and the respondent police are about to file the final

report before the concerned court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.1605 of 2020

5.Heard both sides and perused the materials available on record.

6. It is seen from the First Information Report that there are specific

allegation as against the petitioner, which has to be investigated. Further the

FIR is not an encyclopedia and it need not contain all facts. Further, it cannot

be quashed in the threshold. This Court finds that the FIR discloses prima

facie commission of cognizable offence and as such this Court cannot

interfere with the investigation. The investigating machinery has to step in to

investigate, grab and unearth the crime in accordance with the procedures

prescribed in the Code.

7.It is also relevant to rely upon the judgment of the Hon'ble Supreme

Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 - Sau.

Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., as follows:-

"4. The only point that arises for our consideration in this case is whether the High Court was right in setting aside the order by which process was issued. It is settled law that the Magistrate, at the stage of taking cognizance and summoning, is required to apply his judicial mind only with a view to taking cognizance of the offence, or in other words, to find out whether a

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prima facie case has been made out for summoning the accused persons. The learned Magistrate is not required to evaluate the merits of the material or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to a conviction or not.

5. Quashing the criminal proceedings is called for only in a case where the complaint does not disclose any offence, or is frivolous, vexatious, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same. It is not necessary that a meticulous analysis of the case should be done before the Trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification for the High Court to interfere.

6.........

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8........

9. Having heard the learned Senior Counsel and examined the material on record, we are of the considered view that the High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings

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by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted."

8.In view of the above discussion, this Court is not inclined to quash

the First Information Report. Hence this Criminal Original Petition stands

dismissed. The first respondent police is directed to complete the

investigation and file final report before the concerned Magistrate, within a

period of twelve weeks from the date of receipt of a copy of this Order.

Consequently, connected miscellaneous petition is closed.

9.However, the petitioner is at liberty to challenge the final report,

which will be filed by the first respondent police, in manner known to law.

07.03.2022

Internet:Yes Index:Yes/No lr

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.1605 of 2020

G.K.ILANTHIRAIYAN,J.