Petitioner sought quashing of FIR under Section 482 Cr.P.C. Court held FIR disclosed prima facie offence and duty lay with investigating agency. Dismissed petition.
Petition to quash the First Information Report was dismissed; connected miscellaneous petition closed.
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.297 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2024
CORAM :
THE HON'BLE MR JUSTICE A.A.NAKKIRAN
Crl.O.P(MD)No. 297 of 2021 and Crl.M.P(MD).No.120 of 2021
V.Baskaran ... Petitioner / Accused No.1
Vs. 1.State through, The Inspector of Police, District Crime Branch, Madurai District. (In Crime No.30 of 2019) ... 1sr Respondent / Complainant 2.V.Alagumurugesan ... 2nd Respondent / Defacto Complainant
PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.30 of 2019 on the file of the first respondent dated 24.10.2019 and quash the same as illegal with regard to the petitioners alone.
For Petitioner : Mr.Sridhar for M/s.APN Law Associates For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.M.Mohideen Basha
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O R D E R
This petition has been filed to quash the impugned FIR in Crime No.30 of 2019 on the file of the first respondent.
3.The learned Government Advocate (Crl.Side) would submit that the investigation is in preliminary stage. Further, there is specific allegations against the petitioner. Hence, he vehemently opposed to allow this petition.
5.It is seen from the First Information Report that there are specific
allegations as against the petitioner to attract the offences, which has to
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Crl.O.P(MD).No.297 of 2021
be investigated in depth. Further the FIR is not an encyclopedia and it need not contain all facts and 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.
04.06.2024
Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dss
To
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Crl.O.P(MD).No.297 of 2021
A.A.NAKKIRAN, J.
dss
Crl.O.P(MD)No. 297 of 2021 and Crl.M.P(MD).No.120 of 2021
04.06.2024
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1 issue framed by the court
Whether the First Information Report disclosing prima facie commission of cognizable offence should be quashed at the threshold stage.
V.Baskaran
State through, The Inspector of Police, District Crime Branch, Madurai District
V.Alagumurugesan
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
