The Madras High Court dismissed criminal petitions seeking quashing of FIRs. The Court held that factual contentions preclude quashing under Section 482 CrPC and directed the police to complete the investigation.
Polies directed to complete investigation and file final or closure report within three months.
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 : 02.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.11813, 12328 & 4579 of 2017 and Crl MP Nos.7748, 8053 & 3458 of 2017
A.Mohammed Hussain ... Petitioner/Accused 2
in Crl OP No.12328/17
Mohamed Sheriff ... Petitioner/Accused 1
in Crl OP No.4579/17
vs.
1. The State of Tamil Nadu
Rep. By Inspector of Police,
W-10, All Women Police Station,
Flower Bazar, Chennai 600 001 ...1st Respondent/complainant
in all the petitions
2. Mrs.Sabbura Parveen Banu ... 2 nd Respondent/
Defacto complainant
in all the petitions
PRAYER (in Crl OP Nos.11813 & 12328 of 2017): Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No.1 of 2017 on the file of the first respondent Police Station and quash the same.
PRAYER (in Crl OP No.4579 of 2017): Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to quash the FIR in Crime No.1 of 2017 registered on 07.01.2017 for the offences punishable under Sections 498-A, 406, 506(ii) IPC and 4 TNPHW Act 2002 pending on the file of the first respondent Police.
For Petitioners: Mr.L.Shagadevan (in each of the petitions)for M/s.A.Ilaya Perumal
For Respondent : Mr.M.Mohamed Riyaz (in all the petitions Additional Public Prosecutor for R1
COMMON ORDER
These petitions have been filed to call for the records in Crime No.1 of 2017 on the file of respondent Police and quash the same.
3.The contentions put forward by the learned counsel appearing on behalf of the petitioners is purely factual in nature and this Court cannot venture into conducting a mini investigation into the matter and it therefore does not fall within the ambit of its jurisdiction under Section 482 of Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar jv To
+3 ccs to M/s.A.Ilaya Perumal Advocate sr13041, 13042 and 13043
Crl.O.P Nos.11813, 12328 & 4579 of 2017 and Crl MP Nos.7748, 8053 & 3458 of 2017
rr(co)
aa30/03/2021
1 issue framed by the court
Whether the High Court can quash the FIR based on factual contentions or conduct a mini investigation.
2 provisions across 2 enactments
Ameen Shah
Aneesa Hohara
Mohammed Hussain
Mohamed Sheriff
State of Tamil Nadu
Sabbura Parveen Banu
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
