The Madurai Bench dismissed a petition to quash an FIR, holding that the complaint discloses prima facie evidence of a cognizable offence and the investigation must proceed without court interference at this stage.
FIR in Crime No. 13 of 2018 not quashed; investigation directed to be completed and final report filed within eight 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.
CRL.O.P (MD) No.411 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.411 of 2019 and Crl.M.P.(MD) Nos.208 and 4021 of 2019
1.Gomathi 2.Parvathi
... Petitioners /Accused Nos.2&3
Vs
1.The Inspector of Police All Women Police Station Theni, Theni District ...Respondent No.1/Complainant 2.Uma ... Respondent 2/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the proceedings in Crime No. 13 of 2018 pending on the file of the first respondent police and quash the same.
For Petitioners : Mr.S.Krishnan
For Respondents : Mr.K.Suyambulinga bharathi, G.A. (Crl. Side) for R1 Mr.S.Sivakumar for R2
O R D E R
This petition has been filed to quash the proceedings in Crime No. 13 of 2018 pending on the file of the first respondent police as against these petitioners.
2.The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.13 of 2018 for the offences under Sections 498(A), 494, 109, 506(i) of IPC and Section 4 of D.P.Act as against the petitioners. Hence he prayed to quash the same.
3.The learned Government Advocate (criminal side) would submit that the investigation is still pending and this petition is in premature stage and hence, he prayed for dismissal of this https://hcservices.ecourts.gov.in/hcservices/ petition.
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CRL.O.P (MD) No.411 of 2019
4.Heard both sides and perused the materials available on record.
5.It is seen from the First Information Report that there are specific allegation as against the petitioners, 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 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.
6.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., 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.
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
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CRL.O.P (MD) No.411 of 2019
statement made on oath that the ingredients of the offence are 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."
7.In view of the above, this Court is not inclined to quash the FIR in Crime No.13 of 2018. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are dismissed. However, the first respondent is directed to complete the investigation and file a final report within a period of eight weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate.
Sd/Assistant Registrar (Record)
// True Copy //
Sub Assistant Registrar(CS)
aav
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CRL.O.P (MD) No.411 of 2019
To
1.The Inspector of Police All Women Police Station Theni, Theni District
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL.O.P (MD) No.411 of 2019
and
Crl.M.P.(MD) Nos.208 and 4021 of 2019 22.11.2019
KM/(09.12.2019) 4P 3C
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2 issues framed by the court
Whether the High Court can quash FIR at initial stage of investigation based on prima facie existence of offence.
Whether allegations in FIR disclose prima facie commission of cognizable offence warranting criminal trial.
Colour shows how this judgement treated each authority
Kamal Shivaji Pokarnekar vs. the State of MaharashtraRelied on¶20
Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors.
1 provisions across 1 enactments
Gomathi
Parvathi
Inspector of Police All Women Police Station Theni
Uma
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
