Madras High Court
Mrityunjay vs The State Rep By on 29 April, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.13214 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.13214 of 2025
and
Crl.M.P.No.8748 of 2025
Mrityunjay .... Petitioner
Vs
1.The State Rep by
The Inspector of Police
W-14, All Women Police Station,
Tiruvottriyur, Chennai.
2.Abirami .... Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in FIR
in Crime No.6/2024 registered at AWPS, Tiruvottriyur, Chennai and
quash the same and all proceedings emanating there from against the
Petitioner.
For Petitioner : Mr.V.J.Arul Raj
For R1 : Mr.A.Gopinath
Government Advocate (Crl.Side)
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Crl.O.P.No.13214 of 2025
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.6 of 2024 on the file of the first respondent for the offences under Sections 12 and 21(1) of the POCSO Act.
2. The case of the prosecution is that the petitioner, who is a school student, along with other students, verbally abused the defacto complainant's daughter using obscene language. When a friend of the defacto complainant's daughter heard this, slapped one of the boys. On enquiry with the other boys, it was revealed that those boys not only made vulgar comments, but had also morphed obscene images using photoshop attaching the defacto complainant's daughter and some other girl students' faces to inappropriate pictures and showing them to others. When the defacto complainant reported the matter to the school authorities instead of taking action against the said boys, the school acted in a manner to protect them and shifted the blame on to the defacto complainant's daughter and her friends.
3. The learned counsel appearing for the petitioner Page 2 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 06:20:54 pm ) Crl.O.P.No.13214 of 2025 submitted that there are absolutely no specific allegations against the petitioner, in order to create evidence, a false case has been foisted against him.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.
5. A perusal of the records reveals that the petitioner is alleged to have committed a very serious offence against the victim and there are specific averments sufficient to constitute the offence under Sections 12 and 21(1) of the POCSO Act. Further, it is seen from the First Information Report that there are specific allegations as against the petitioner 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 contemplated under the Code.
6. The Hon'ble Supreme Court of India passed in the Page 3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 06:20:54 pm ) Crl.O.P.No.13214 of 2025 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 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 06:20:54 pm ) Crl.O.P.No.13214 of 2025 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.
7. Further the Hon'ble Supreme Court of India issued directions in the judgment reported in 2021 SCC Online SC 315 in the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of Maharashtra & ors., as follows :-
“23. ....................
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;
..............
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 Page 5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 06:20:54 pm ) Crl.O.P.No.13214 of 2025 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;
.............
xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the 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; .......”
8. In view of the above discussions, this Court is not Page 6 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 06:20:54 pm ) Crl.O.P.No.13214 of 2025 inclined to quash the First Information Report. However, the first respondent is directed to complete the investigation in Crime No.6 of 2024 and file a final report within a period of twelve weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed.
9. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.
29.04.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Lpp
To
1.The Inspector of Police
W-14, All Women Police Station,
Tiruvottriyur, Chennai.
2.The Public Prosecutor,
High Court of Madras,
Chennai.
G.K.ILANTHIRAIYAN, J.
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Crl.O.P.No.13214 of 2025
Lpp
Crl.O.P.No.13214 of 2025
29.04.2025
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