This court dismissed a petition under Section 482 Cr.P.C. seeking quashment of an FIR alleging bribery. The court held grounds were factual and evidence existed; however, it directed police to complete investigation within four months due to the delay.
Crl. O.P. dismissed; direction to complete investigation and report within four 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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 7.6.2023.
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Criminal Original Petition No.8925 of 2023 and Crl.M.P.No.5716 of 2023
P.Murugesan
Petitioner
vs.
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to FIR in Crime No.4/AC/2017 on the file of the first respondent police and quash the same as illegal insofar as the petitioner is concerned.
For Petitioner : Mr.P.Murugesan For R1 : Mr.N.S.Suganthan, G.A.(Crl. Side)
ORDER
The petitioner, who has been arrayed as A2 in Crime No.4/AC/2017 on the file of the first respondent police seeks for quashment of the FIR.
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respondent herein on 21.8.2016, a preliminary enquiry was initiated against the present petitioner (A2), Assistant Engineer, O&M, TANGEDCO, Thamaraipalayam, Erode District and another by name R.Vijayaraghavan (A1), working as Assistant Executive Engineer, O&M, TANGEDCO, Kodumudi, Erode District, which resulted in filing of an FIR in the above Crime Number.
bribe for providing agriculture electricity connection to the de facto complainant. It appears that enquiry was conducted on the petition filed by the de facto complainant, which revealed that the de facto complainant had approached the petitioner for free EB Service Connection and the petitioner had demanded and received Rs.40,000/- in piecemeal on different dates under the guise of providing service connection under the Self Finance Scheme.
that the complaint is not clear as to what for the amount was demanded and received. He would further submit that for getting service connection under the Self-Finance Scheme, the complainant had to pay a sum of Rs.35,000/- and the amount received was only towards expenses under the Self-Finance Scheme and it is not a case
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of demand of bribe and thereby, pray for quashment of the FIR.
perused the materials available on record.
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submit that the FIR is of the year 2017 and thereby a direction may be issued to the respondent to conclude the investigation and file final report within a time frame.
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7.6.2023.
Index: Yes/No. Internet: Yes/No. ssk.
To
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A.D.JAGADISH CHANDIRA, J.
ssk.
Crl.O.P. No.8925 of 2023 and Crl.M.P.No.5716 of 2023
7.6.2023
2 issues framed by the court
Whether the grounds raised for quashing the FIR on factual allegations are sufficient.
Whether an investigation pending completion with evidence pending verification warrants quashing of the FIR.
1 provisions across 1 enactments
P. Murugesan
State, rep. by The Inspector of Police, Vigilance and Anti-Corruption, Erode District
Tr. S. Ramanathan
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
