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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
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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
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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
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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