S.Ragupathy v. State by
Case brief
What is this about?
The Court held that the FIR disclosing prima facie commission of a cognizable offence cannot be quashed at the threshold and ordered the police to complete the investigation within three months.
What did the court decide?
Direction to first respondent to complete investigation and file final report within three months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.1856 of 2019 and
Crl.M.P.No.1143 of 2019
1. S.Ragupathy
2. K.Sankaran
3. S.Varammal ... Petitioners
Vs.
1. State by Inspector of Police,
Arakkonam Taluk P.S.
Vellore District.
2. Thilagavathi ... Respondents
Prayer:
Criminal Original Petition filed under Section 482 Cr.P.C.
to call for the records relating to the Crime No.287 of 2018 on
the file of the first respondent police and quash the same as
far as the petitioners are concerned.
For Petitioner : Mr.L.Abrar Md Abdullah
For Respondents
For R1 : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed to quash the FIR registered in Crime No.287 of 2018 for the offences under Sections 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.
2 Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
3 It is seen from the FIR that the petitioners are arraigned as A1 to A3 and there are specific allegations as against them, 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
Issues for consideration
3 issues framed by the court
Whether the FIR disclosing prima facie commission of cognizable offence can be quashed at the threshold.
Whether the investigating machinery must be allowed to complete the investigation before interference.
Whether any direction can be issued to the first respondent police to complete the investigation within a specified time period.
Parties & counsel
- petitioner
S.Ragupathy
- petitioner
K.Sankaran
- petitioner
S.Varammal
- respondent
State by Inspector of Police, Arakkonam Taluk P.S.
- respondent
Thilagavathi
Case details
As recorded by the court registry
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