Madras High Court
Gokul @ Gokula Krishnan vs State By on 16 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.10344 of 2019
and
Crl.M.P.Nos.5353 & 5354 of 2019
Gokul @ Gokula Krishnan ... Petitioner
Vs.
1.State by
Inspector of Police
R-7, K.K.Nagar Police Station
Chennai-78
2.Dr.Elangovan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. to call for the records of the case pending in C.C.No.1298 of 2015
on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai
and quash the same.
For Petitioner : Mr.Karthik, Senior Counsel
for M/s.S.Shankar
For Respondents : Mr.M.Mohamed Riyaz
Addl. Public Prosecutor for R1
Mr.V.Pandiayan for R2
http://www.judis.nic.in
2
ORDER
This Criminal Original Petition has been filed by the petitioners under Section 482 Cr.P.C. to call for the records of the case pending in C.C.No.1298 of 2015 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai and quash the same.
2.The learned counsel for the petitioner would submit that on 28.12.2013, the petitioner's friend namely C.V.Sathish Kumar met with a road accident, due to which he sustained a compound fracture on his right hand. While so, in the early hours on 05.01.2014, C.V.Sathish Kumar developed severed pain on his right hand due to the fracture sustained by him and was in need of urgent medical attention and therefore the petitioner along with his friends took him to the nearby nursing home cum residence of the defacto complainant Dr.Elangovan and also since he knew the petitioner, the petitioner was under the impression that he would take care of his friend's problem. The defacto complainant behaved in a totally different manner and not provided any emergency treatment inspite of the request. There was a wordy quarrel resulted in exchange of heated words between them and altercation and the petitioner and his friends left the nursing home. While that being the position, the defacto complainant suppressing the actual happenings filed a false complaint http://www.judis.nic.in 3 against the petitioner. The respondent police filed a case against the petitioner and others on the allegation that the petitioner and his friends committed an offence u/s.147, 148, 448, 341, 323, 506(ii) IPC r/w section 4 of TNPHW Act and Section 3 of TNPPDL Act on 05.01.2014 and the same was registered in Crime No.21/2014. After completion of investigation, the police filed a final report before the learned Chief Metropolitan Magistrate, Egmore, Chennai. There is no material to substantiate the said motive in the final report except the statements of the family members and the employee under them. Hence this petition.
3.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor.
4.Further it is seen from the First Information Report that there are specific allegations as against the petitioner and the defacto complainant to attract charges as alleged by the prosecution, 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 http://www.judis.nic.in 4 the crime in accordance with the procedures prescribed in the Code.
5.It is 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 in the case of 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 http://www.judis.nic.in 5 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 statement made on oath that the ingredients of the offence are disclosed, there would be no justification for the High Court to interfere.
......................
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 http://www.judis.nic.in 6 complaint, the criminal proceeding shall not be interdicted."
6.It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:-
" 12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.
13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.
7.Therefore, all the points raised before this Court shall be http://www.judis.nic.in 7 considered only at the time of trial. Hence, this Court is not inclined to quash the proceedings in C.C.No.1298 of 2015 pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai. However, considering the fact that the C.C. is of the year 2015, the Trial Court is hereby directed to complete the trial within a period of six months from the date of receipt of a copy of this order.
8.Accordingly, the Criminal Original Petition stands dismissed.
Consequently, connected miscellaneous petitions are also closed.
16.04.2019 kas Index : Yes /No Internet : Yes /No Speaking Order / Non Speaking Order To.
1.Inspector of Police R-7, K.K.Nagar Police Station Chennai-78
2.Public Prosecutor High Court of Madras G.K.ILANTHIRAIYAN, J.
http://www.judis.nic.in 8 kas Crl.O.P.No.10344 of 2019 and Crl.M.P.Nos.5353 & 5354 of 2019 16.04.2019 http://www.judis.nic.in