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A.Kalaiaras vs The State Rep. By on 12 March, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.6577 of 2019
and
Crl.M.P.No.3634 of 2019
1.A.Kalaiaras
2.E.Anbaras
3.Stella Bai … Petitioners
Vs.

1.The State Rep. by
Inspector of Police
All Women Police Station
Poonamalli,Thiruvallore District
(Crime No.3 of 2019)

2.R.P.Rabezha … Respondents

PRAYER:Criminal Original Petition has been filed under Section
482 of Cr.P.C. to stay all further proceeding pursuant to Crime No.3 of
2019 on the file of AWPS, Poonamallee. The 1 st respondent herein,
pending disposal of this Criminal Original Petition and to call for the
records pertaining to Crime No.3 of 2019 on the file of the 1st respondent
police and quash the same.

For Petitioner : Mr.C.Johnson
For Respondent-1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor

http://www.judis.nic.in ORDER
2

The prayer sought for in the Criminal Original Petition is to quash

the F.I.R. in Crime No.3 of 2019 on the file of the 1st respondent police

and quash the same.

2. The learned Counsel appearing for the petitioners would submit

that the petitioners are innocent persons and they have not committed

any offence as alleged by the prosecution. Without any base, the 1 st

respondent police registered a case in Crime No.3 of 2019 for the alleged

offences u/s. 498A, 406, 294b and 506(1) IPC r/w Section

5(1)(a)(b)(c)(d) of Immoral Trafficking Prevention Act as against the

petitioners. Hence he prayed to quash the same.

3.The learned Additional Public Prosecutor would submit that the

investigation is almost completed and the respondent police have only to

file a final report.

4.Heard Mr.C.Johnson, learned counsel appearing for the

petitioners and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor

appearing for the 1st respondent.

5.It is seen from the First Information Report that there is a

specific allegation as against the petitioner, which has to be investigated.

Further the FIR is not an encyclopedia and it need not contain all facts.
http://www.judis.nic.in
3

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 the crime in

accordance with the procedures prescribed in the Code.

6.In view of the above discussion, this Court is not inclined to

quash the FIR. However, considering the facts and circumstances of the

case, the 1st respondent is directed to conduct enquiry and complete the

investigation in Crime No.3 of 2019 and file a final report within a period

of three months from the date of receipt of copy of this Order, before the

jurisdictional Magistrate, if not already filed.

7.With the above directions, this Criminal Original Petition stands

disposed of. Consequently, connected miscellaneous petition is closed.

12.03.2019

kas

Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order

http://www.judis.nic.in
4

G.K.ILANTHIRAIYAN, J.

kas

To

1.Inspector of Police
All Women Police Station
Poonamalli,Thiruvallore District
(Crime No.3 of 2019)

2.The Public Prosecutor,
High Court, Madras.

Crl.O.P.No.6577 of 2019
and
Crl.M.P.No.3634 of 2019

12.03.2019

http://www.judis.nic.in

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