Madras High Court
Gandhi vs State Represented By on 22 March, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.5286 of 2022
and
Crl.M.P(MD) No.3752 of 2022
1.Gandhi
2.Revathi
3.Seenivasan
4.Sridhar Mohan ...Petitioners
Vs.
1. State Represented by
The Inspector of Police,
Palanichettipatti Police Station,
Theni District and another.
(Crime No.55/2022)
2. P.S.Sakkamuthu ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
call for the records relating to the impugned FIR in Crime No.55/2022 dated
06/02/2022 on the file of R1 police and quash the same as illegal in so far as
the Petitioners are concerned.
For Petitioner : Mr.R.Murugan
For Respondent : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
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2
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in Crime No. 55 of 2022 on the file of the first respondent police.
2. The Case of the prosecution is that on 06.02.2022 when the defacto
complainant was working in the field, the adjacent land owner said to have
taken the photo of the defacto complainant, abused her also attacked her
with knife, due to which she sustained injuries. When the second respondent
tried to escape from there, the first petitioner said to have threatened her and
chased her with his two wheeler bearing Reg. No. TN 60 D 8732, while she
was running she fell down and sustained injuries, hence he case came to be
registered.
3. The learned Counsel appearing for the petitioners would submit
that the petitioners are innocent and they have not committed any offence as
alleged by the prosecution. Further for the very same incident, the petitioner
has also lodged complaint as against the second respondent and the same
was registered in Crime No.54 of 2022 and it is also pending.
4. The learned Additional Public Prosecutor would submit that on
the complaint given by the counter parties a counter case has been registered
in Crime No. 54 of 2022 and the investigation is still pending.
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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 petitioners, 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.........
7.........
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
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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 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. However, the first respondent is directed to complete the
investigation in both the Crime Nos. 54 of 2022 and 55 of 2022 following the
police standing order for case and counter case and file a final report
within a period of twelve weeks from the date of receipt of copy of this Order,
before the jurisdiction Magistrate. Consequently, connected miscellaneous
petition is closed.
22.03.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
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To
1. The Inspector of Police,
Palanichettipatti Police Station,
Theni District and another.
2. The Additional Public Prosecutor
Madurai Bench of Madras High Court
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN.J.,
aav
Crl.O.P.(MD) No.5286 of 2022
and
Crl.M.P(MD) No.3752 of 2022
22.03.2022
https://www.mhc.tn.gov.in/judis
