P.Ravindranath vs The State Rep.By
2023 Latest Caselaw 9101 Mad

Citation : 2023 Latest Caselaw 9101 Mad
Judgement Date : 27 July, 2023

Madras High Court

P.Ravindranath vs The State Rep.By on 27 July, 2023

                                                                                Crl OP (MD)No. 1425 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 27.07.2023

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl OP(MD)No.1425 of 2022
                                                and connected Crl.MPs.

                      P.Ravindranath                                         .. Petitioner/Sole Accused

                                                            Vs.
                     1.The State rep.by
                       The Inspector of Police
                       District Crime Branch
                       Theni District.                                   ..1st Respondent/Complainant


                     2.Mr.Milany                               .. 2nd Respondent/De facto Complainant

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records pending on the file of the R1 in Crime
                     No. 2/2022, District Crime Branch, Theni, Theni District and quash the same on
                     the order passed in Crl.MP.No.32/2022, before the Judicial Magistrate, Theni
                     (Special Court for Trial of Criminal Cases against M.P. And MLA's)


                                         For Petitioner    : Mr.R.Srinivas
                                                             Senior Counsel
                                                             for Mrs.Rajalakshmi.P.

                                         For Respondents : Mr.E.Raj Thilak
                                                     Additional Public Prosecutor
                                                            for R1

                                                              Mr.A.K.M.Venkatesh
                                                              for R2


                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                       Crl OP (MD)No. 1425 of 2022



                                                                ORDER

This criminal original petition has been filed to quash the FIR registered in

Crime No.2 of 2022, pending investigation before the 1st respondent based on

the order passed by the Judicial Magistrate, Theni in Crl.MP.No.32 of 2022.

2.Heard Mr.R.Srinivas, learned Senior Counsel for the petitioner, Mr.E.Raj

Thilak, learned Additional Public Prosecutor for R1 and Mr.A.K.M.Venkatesh,

learned counsel for R2.

3.The 2nd respondent has given a complaint before the Judicial Magistrate,

Theni in Crl.MP.No.32 of 2022, by making certain allegations against the

petitioner to the effect that he has committed an offence u/s 125(A) of the

Representation of the People's Act, 1951 (hereinafter referred as “the Act”) by

furnishing false information regarding his immovable properties, movable

properties etc. The Court below has proceeded to pass an order dated 7.1.2022,

directing the 1st respondent to register the case and to investigate and to file a

report. That apart, concerned Court also directed witness protection to be given

to the complainant. Aggrieved by the same, the present petition has been filed

before this Court.

4.This Court has carefully considered the submissions made on either side

https://www.mhc.tn.gov.in/judis Crl OP (MD)No. 1425 of 2022

and the materials available on record.

5.The offence u/s 125(A) of the Act, is admittedly a non-cognizable

offence. Therefore, it is not known as to how the learned Judicial Magistrate

passed an order u/s 156(3) of Cr.PC., directing the 1st respondent to register an

FIR.

6.The next important issue to be taken into consideration is that the

Complainant has not filed any sworn affidavit before the Court below and merely

based on the complaint and the submission made on the side of the Complainant

by a counsel, the Court below has ordered for registration of an FIR u/s. 156(3)

of Cr.PC. Such practice of entertaining application u/s 156(3) of Cr.PC., without

a supporting affidavit has been deprecated by the Apex Court in Priyanka

Srivastava .v. State of U.P. This judgment was once again taken note of by the

Apex Court in Babu Venkatesh v. State of Karnataka reported in 2022 (5) SCC

639 and it was held as follows:

28. From the perusal of the complaint it can be seen that, the complainant Respondent 2 himself has made averments with regard to the filing of the original suit. In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application under Section 156(3)Cr.PC. The High Court has also failed to take into consideration the legal position as has been enunciated by this Court in Priyanka Srivastava v. State of U.P. [Priyanka

https://www.mhc.tn.gov.in/judis Crl OP (MD)No. 1425 of 2022

Srivastava v. State of U.P., (2015) 6 SCC 287 : (2015) 3 SCC (Civ) 294 : (2015) 4 SCC (Cri) 153] , and has dismissed the petitions by merely observing that serious allegations are made in the complaint.

7.It is clear from the above that when a complaint is not supported by an

affidavit, the Magistrate ought not to have entertained the application u/s 156(3)

of Cr.PC. The Court below has entertained the complaint and has heard the

learned counsel for the Complainant and has proceeded to direct the police to

registered pursuant to the order passed by the Court below also suffers illegality.

8.In the light of the above discussion, the FIR registered in Crime No.2 of

2022, pending investigation before the 1st respondent is hereby quashed and this

criminal original petition is accordingly allowed. Consequently, connected

miscellaneous petition is closed.

27.07.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No kp

https://www.mhc.tn.gov.in/judis Crl OP (MD)No. 1425 of 2022