Madras High Court
D.Vethanayagam vs The State Represented By on 24 March, 2022
Crl.O.P.(MD)No.15811 of 2020
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 24.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.15811 of 2020
and
Crl.M.P(MD)Nos.7740 of 2020 & 2127 of 2021
1.D.Vethanayagam
2.Jeevakumar
3.Samson Paulraj
4.Enstin
5.R.Devadoss Gnanaraj
6.S.Ruban
7.J.S.Kirubahar
8.J.Goldwin
9.B.David Anbu Prabhakaran
10.Peter John Jeyfibal
11.C.Wilson
12.Andrews
13.S.Ponnu
14.S.P.D.Nelson ... Petitioners/Accused Nos.1 to 14
Vs.
1.The State represented by,
The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
(Crime No.762 of 2020). ... 1st Respondent/Complainant
2.Karunakaran ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records in pursuant to the First Information Report in
Crime No.762 of 2020 pending on the file of the first respondent
police and quash the same insofar as the petitioners are concerned.
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Crl.O.P.(MD)No.15811 of 2020
For Petitioners : Mr.N.Marappan
For R – 1 : Mr.B.Thanga Aravindh
Government Advocate (Crl. Side)
For R – 2 : Mr.G.Prabhu Rajadurai
ORDER
This Criminal Original Petition has been filed to quash the FIR
in Crime No.762 of 2020 on the file of the first respondent.
2. The case of the prosecution is that on 27.10.2020, a high
level seminar held in the Sarah Tucker Womens College at
Perumalpuram, Tirunelveli. While being so, at about 10.45 a.m., the
first petitioner along with other accused persons entered into the
College arena and abused the Moderators Commissary and other
VIPs with filthy language and abused them by using un-
parliamentary words against them and tarnished their image among
the guests and also assaulted and threatened them with dire
consequences. Hence, the second respondent lodged a complaint
before the first respondent. Based on the said complaint, FIR has
been registered against the petitioners in Crime No.762 of 2020 for
the offences under Sections 147, 448, 294(b), 427, 323, 324, 307
and 506(2) of I.P.C.
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Crl.O.P.(MD)No.15811 of 2020
3. Heard both sides and perused the materials available on
record.
4. It is seen from the First Information Report that there are
specific allegations as against the petitioners, which have 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.
5. 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., wherein the Hon'ble Supreme Court held 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
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Crl.O.P.(MD)No.15811 of 2020
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 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
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Crl.O.P.(MD)No.15811 of 2020
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 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."
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Crl.O.P.(MD)No.15811 of 2020
6. 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 respondent police is
directed to complete the investigation and file a 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 Petitions are closed.
24.03.2022
Internet :Yes
Index :Yes / No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
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Crl.O.P.(MD)No.15811 of 2020
To
1.The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15811 of 2020
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.O.P(MD)No.15811 of 2020
24.03.2022
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