High Court declined to quash an FIR under Sections 420, 465, 467, 468, 471 r/w 120B IPC as it disclosed a prima facie case. The court directed the police to complete investigation and file a final report within four weeks.
Directed police to complete investigation and file final report in Crime No.434 of 2015 within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 531 of 2019 and Crl.MP.No.365 of 2019
This petition has been filed to quash the FIR in Crime No.434 of 2015 on the file of the first respondent registered for the offence under Sections 420, 465, 467, 468, 471 r/w 120B of IPC.
dated 12.02.2019 in the case of 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 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.
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."
Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
rts
To
+1cc to Ms.R.T.Shamala, Advocate, S.R.No.36432 +5cc to Mr.C.S.Dhanasekaran, Advocate, S.R.No.36409
Crl.O.P.No. 531 of 2019 and Crl.MP.No.365 of 2019 LN(CO) CS/27/04/2019
3 issues framed by the court
Whether the FIR registering offences under Sections 420, 465, 467, 468, 471 r/w 120B IPC should be quashed.
Whether pending civil proceedings between parties is an impediment to criminal investigation.
Whether the allegations in the FIR prima facie disclose an offence warranting registration and investigation.
Colour shows how this judgement treated each authority
Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors.Relied on¶7
Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., Crl.A.No.255 of 2019
1 provisions across 1 enactments
S.Kudiyarasu Devi
S.Suresh Kumar
S.Ravirathinam
S.Rajarathinam
S.Shubha
Sajan
G.K.Ilantirayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
