Madras High Court
Karl Marx vs The State Rep By Its on 5 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
CRL.O.P.No.21089 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No. 21089 of 2022
and Crl.MP.No. 13750 of 2022
Karl Marx .. Petitioner
Versus
1.The State Rep by its
The Inspector of Police
Ulundurpet Police Station
Kallakurichi District
(Crime No.270/2022)
2. Antony Fernandes ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records in connection with FIR in Crime No. 270 of
2022 dated 18.06.2022 on the file of the respondent police and quash the same.
For Petitioner : Mr.S.Saravana Kumar
For Respondents : Mr.E.Raj Thilak for R1
Additional Public Prosecutor
ORDER
This petition has been filed to quash the F.I.R. in Crime No. 270 of 2022 registered by the first respondent police for the offences under Sections 294(b) and 506 (1) of IPC as against the petitioner. https://www.mhc.tn.gov.in/judis 1/6 CRL.O.P.No.21089 of 2022
2. The case of the prosecution is that on 17.06.2022, the defacto complainant made a complaint before the respondent police stating that the petitioner and the defacto complainant had wordy quarrel and the petitioner had abused with filthy language and threatened with dire consequenes. Hence, this petition.
3. The learned Counsel appearing for the petitioner would submit that on the very reading of the FIR, there is no allegations to make out the offences as alleged by the prosecution. No weapons was used and FIR itself is manifestly filled with malafide intention and it was registered for seeking vengeance as it is a employee and employer dispute. Further submitted that without proper inspection, the present FIR has been foisted against the petitioner. Hence he prayed to quash the same.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent police.
5. It is seen from the First Information Report that there are specific https://www.mhc.tn.gov.in/judis 2/6 CRL.O.P.No.21089 of 2022 allegations as against the petitioner to attract the offences, which has to be investigated in deapth. 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.
6. 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 https://www.mhc.tn.gov.in/judis 3/6 CRL.O.P.No.21089 of 2022 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 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.
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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 complaint, the criminal proceeding shall not be interdicted."
https://www.mhc.tn.gov.in/judis 4/6 CRL.O.P.No.21089 of 2022
7. In view of the above discussion, this Court is not inclined to quash the First Information Report. Accordingly, this Criminal Original Petition stands dismissed. However, the first respondent is directed to complete the investigation in Crime No.270 of 2022 and file a final report within a period of 12 weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed. Consequently, connected miscellaneous petition is closed.
05.09.2022 Internet : Yes / No dhk To
1.The Inspector of Police Ulundurpet Police Station Kallakurichi District
2. The Public Prosecutor, Madras High Court.
https://www.mhc.tn.gov.in/judis 5/6 CRL.O.P.No.21089 of 2022 G.K.ILANTHIRAIYAN, J.
dhk Crl.O.P.No.21089 of 2022 05.09.2022 https://www.mhc.tn.gov.in/judis 6/6