M.Velu v. State by
Case brief
What is this about?
The High Court of Madras dismissed a Criminal Original Petition seeking to quash an FIR. The bench held that the FIR disclosed a prima facie cognicable offence, precluding interference at the threshold stage and mandating completion of police investigation.
What did the court decide?
FIR quash prayer rejected; investigation directed to be completed within four weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.13909 of 2015
and
Crl.M.P.No.1 of 2015
- M.Velu
2. V.Chitra ... Petitioners/Accused
Vs.
1. State by Station House Officer,
CBCID,
Puducherry.
2. Murugan ...Respondents/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. praying to call for the records relating to Crime No.04
of 2015 on the file of 1 st respondent and quash the same.
For Petitioner : Mr.A.Gokula Krishnan
For R1 : Mr.V.Balamurugane
Public Prosecutor (Puducherry)
For R2 : Mr.P.Veeraraghavan
ORDER
This Criminal Original petition has been filed to call for the records relating to Crime No.04 of 2015 on the file of 1st respondent and quash the same.
- The learned Counsel appearing for the petitioners would submit that the petitioners are innocent person and they did not commit any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.04 of 2015 for the offences under Sections 420, 468, 471 & 197 of IPC r/w 34 of IPC, as against the petitioners. Hence they prayed to quash the same.
Issues for consideration
2 issues framed by the court
Whether the FIR discloses a prima facie cognizable offence warranting investigation before it can be quashed.
Whether the High Court should interfere at the threshold stage of investigation to stifle criminal proceedings.
Parties & counsel
- petitioner
M.Velu
- petitioner
V.Chitra
- respondent
State by Station House Officer, CBCID, Puducherry
- respondent
Murugan
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court