Dismissed¶67

Sivabalan v. Union Territory of Puducherry

Madras HC20 Mar 2025CRL OP/21415/2023

Case brief

AI extract

What is this about?

Quashing of FIR; Section 482 Cr.P.C.; maintainability of second complaint after withdrawal of first complaint for want of jurisdiction; SC/ST Act Sections 3(1)(r) & 3(1)(s) public view ingredient; prima facie cognizable offence; FIR not an encyclopedia; no interference with investigation at threshold; Sau. Kamal Shivaji Pokarnekar 2019 (14) SCC 350; M/s.Neeharika Infrastructure 2021 SCC Online SC 315; Puducherry; Mudaliarpet Police Station; Crime No.158 of 2023; direction to file final report within four weeks.

What did the court decide?

No quashing; petition dismissed and connected miscellaneous petition closed; first respondent directed to complete investigation in Crime No.158 of 2023 and file final report within four weeks. ¶67

Sivabalan Vs Union Territory of Puducherry — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No quashing; petition dismissed and connected miscellaneous petition closed; first respondent directed to complete investigation in Crime No.158 of 2023 and file final report within four weeks.

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Issue for consideration

Whether a second complaint under Section 156(3) Cr.P.C. is barred after the first complaint was dismissed as not pressed on the ground of jurisdiction over SC/ST Act complaints. +2 more

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Court's answer

There is absolutely no impediment to lodging a second complaint after withdrawal of the first complaint on the ground of jurisdiction, the earlier complaint having been not pressed because the Judicial Magistrate No.III, Puducherry had no jurisdiction to entertain an SC/ST Act complaint.

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Ratio / Principle

The FIR contains specific allegations against the petitioners attracting the offences, which must be investigated in depth; the FIR is not an encyclopedia, need not contain all facts, and cannot be quashed at the threshold; the Court cannot interfere with the investigation.

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Key takeaways

In view of the principles in Sau. Kamal Shivaji Pokarnekar (2019 (14) SCC 350) and M/s.Neeharika Infrastructure (2021 SCC Online SC 315), the Court is not inclined to quash the First Information Report.ratio¶65
The first respondent is directed to complete the investigation in Crime No.158 of 2023 and file a final report within four weeks from receipt of a copy of the Order before the jurisdictional Magistrate, if not already filed.ratio¶65

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.) dismissed a Section 482 Cr.P.C. petition by Sivabalan and Sugumar seeking quashing of FIR No.158/2023 dated 12.08.2023 of PS Mudaliarpet (Crime No.158 of 2023), registered on the complaint of Udayakumar for offences under Sections 294(b), 323, 34, 506(1) IPC and Sections 3(1)(r) & 3(1)(s) of the SC/ST Act, arising from an alleged incident of 09.11.2022 at hotel Arunachala. Held: (i) the earlier private complaint in Crl.M.P.No.10821 of 2022 was dismissed as not pressed only because the Judicial Magistrate No.III, Puducherry lacked jurisdiction over SC/ST Act complaints, so there was no impediment to the second complaint in Crl.M.P.No.2754 of 2023 before the II Additional District Judge, Pudhucherry; (ii) the FIR contains specific allegations disclosing a prima facie cognizable offence, is not an encyclopedia, and cannot be quashed at the threshold; relying on Sau. Kamal Shivaji Pokarnekar v. State of Maharashtra, 2019 (14) SCC 350, and M/s.Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, 2021 SCC Online SC 315, criminal proceedings ought not to be scuttled at the initial stage. The first respondent was directed to complete the investigation and file the final report within four weeks. The contention that an occurrence inside a room, not in public view, does not attract SC/ST Act Sections 3(1)(r)/(s) was urged but left to investigation.

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Crl.O.P.No.21415 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.03.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.21415 of 2023 and Crl.M.P.No.14766 of 2023

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Sivabalan

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Sugumar

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... Petitioners

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Vs.

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The Union Territory of Puducherry (Rep by the SHO Mudaliarpet PS) Cuddalore Road, Bharathidasan Nagar, Mudaliarpet, Puducherry – 605 004. (Crime No.158 of 2023)

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Udayakumar

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... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR No.158/2023 dated 12.08.2023 registered at PS Mudaliarpet.

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For Petitioners : Mr.K.Sarath Chandran For Respondents For R1 : Mr.M.V.Ramachandranmurthy Additional Public Prosecutor (Pondy) For R2 : Mr.P.Anbazhagan

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21415 of 2023

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ORDER

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This petition has been filed to quash the F.I.R. in Crime No.158 of 2023 registered by the first respondent police f or offences under Sections 294(b), 323, 34, 506(1) of IPC and Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the SC/ST Act”), as against the petitioners.

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On the complaint lodged by the second respondent, the first respondent registered the FIR in Crime No.158 of 2023, for the offences punishable under Sections 294(b), 323, 34, 506(1) of IPC and Sections 3(1)(r) & 3(1)(s) of the SC/ST Act, alleging that the second respondent is an Advocate and his wife is running battery service centre in the name of Sri Kalaivani Battery Service and United Power System for the past ten years. While being so, the first accused was in due with regard to their business transactions, which resulted in three suits which are pending before the civil Court at Pudhucherry. In order to settle the issue amicably, the first accused called the second respondent to hotel Arunachala at about 4 pm., on 09.11.2022. Believing said words, the second respondent went to the hotel Arunachala and waiting in his car.

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Thereafter, the first accused called him to come to the room. After he entering into the room, the accused persons closed the door. When the second respondent insisted to settle the sum of Rs.2,00,00,000/-, for which, the accused compelled him to receive 50% of the said amount. While the negotiation was going on, the accused insisted to receive 50% of the amount and when the second respondent refused to accept the said settlement, he was attacked by the accused and was also abused using his caste name. Thereafter, the second respondent escaped from their custody and admitted into the hospital. Hence the complaint.

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The learned counsel appearing for the petitioners submitted that for the alleged incident, the second respondent filed the private complaint under Section 156(3) of Cr.P.C., in Crl.M.P.No.10821 of 2022 on the file of the learned Judicial Magistrate No.III, Puducherry, and the same was dismissed as not pressed by an order dated 19.12.2022. Once again, suppressing the said fact, another petition has been filed under Section 156(3) of Cr.P.C., in Crl.M.P.No.2754 of 2023 on the file of the learned II Additional District Judge, Pudhucherry and obtained order for registration of FIR. Even assuming that the allegations are true, the SC/ST Act would not attract, since the alleged occurrence took place

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inside the room and not in the public view. In order to attract the offence under Sections 3(1)(r) & 3(1)(s) of the SC/ST Act, the occurrence should

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have been taken place within the public view. Therefore, the main ingredients of the offence under Sections 3(1)(r) & 3(1)(s) of the SC/ST Act, are not at all made out.

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3.1. He further submitted that in order to attract the offence under Section 294(b) of IPC, the words uttered by the person should have annoyed others. Therefore, the offence under Section 294(b) is not at all attracted as against the petitioners. Mere using of threat does not make out a case for the offence under Section 506(ii) of IPC. He further submitted that the second respondent is being an Advocate, he shall not do any business. In fact, he is also facing case before the Bar Council of Tamil Nadu in D.C.C.No.83 of 2023.

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The learned counsel appearing for the second respondent submitted that the second respondent never conducted any business and his wife is running the battery service centre in the name of Sri Kalaivani Battery Service and United Power System. There are documents to show that the first accused is in due of huge amount to the second respondent’s

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wife. In fact, on the request made by the first accused, the second respondent being an Advocate, went to the hotel Arunachala for negotiation. When the second respondent went to the hotel for negotiation, he was attacked by the petitioners and also he was abused by using his caste name.

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5 . Heard the learned Counsel appearing on either side and perused the materials placed on record.

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It is seen that the earlier private complaint lodged by the second respondent was dismissed as not pressed since the learned Judicial Magistrate No.III, Puducherry, has no jurisdiction to entertain the complaint filed under SC/ST Act. Therefore, the second respondent not pressed the earlier complaint and filed the present complaint in Crl.M.P.No.2754 of 2023 before the learned II Additional District Judge, Puducherry. Hence, there is absolutely no impediment to lodge second complaint that too after withdrawal of the first complaint on the ground of jurisdiction.

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Further it is seen from the First Information Report that there are specific allegations as against the petitioners to attract the offence, which has to 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.

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The Hon'ble Supreme Court of India passed in the judgment reported in 2019 (14) SCC 350 in the case of Sau. Kamal Shivaji Pokarnekar vs. The State of Maharashtra & ors., ( Crl.A.No.255 of 2019 dated 12.02.2019 ) held that the learned Magistrate while taking cognizance and summoning, is required to apply his judicial mind only with the view to taking cognizance of the offence whether a prima facie case has been made out for summoning the accused person. The learned Magistrate is not required to evaluate the merits of the materials or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to

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conviction or not. Only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the complaint/FIR can be taken for consideration for quashment. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by Magistrate, it can be considered for quashment. Therefore, 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 statement made on oath that the ingredients of the offence are disclosed, there would be no justification to interfere. At the initial stage of issuance of process, it is no open to the Court to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Therefore, the criminal complaint 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.

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Further the Hon'ble Supreme Court of India issued directions

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in the judgment reported in 2021 SCC Online SC 315 in the case of

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Crl.O.P.No.21415 of 2023

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M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of Maharashtra &

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ors. , as follows :-

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“23. ....................

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vi) Criminal proceedings ought not to be scuttled at the initial stage;

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vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;

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xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;

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xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the

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power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR; .......”

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In view of the above discussions, this Court is not inclined to quash the First Information Report. However, considering the crime is of the year 2023, the first respondent is directed to complete the investigation in Crime No.158 of 2023 and file a final report within a period of four weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed.

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