BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.VIMALA, J.
Subbaiah - Petitioner
Vs.
State represented by The Superintendent of Police, Sivagangai District - Respondent
Crl.O.P.(MD) Nos.14067 of 2016, 14967 and 16023 of 2016 and Crl.M.P.(MD) No.7425 of 2016 in Crl.O.P.(MD) No.14067 of 2016
Decided on : 19-09-2016
Accused - Allegations and counter allegations made by both parties - FIR registration - Quashing of FIR - Legal provisions and interpretations
Fact of the Case:
The case involved allegations and counter allegations between the petitioner Subbaiah and the petitioner Vel Murugan, along with the erstwhile Managing Director of TNSTC, Rengarajan, and the erstwhile Transport Minister Senthil Balaji. The petitioners sought registration of FIR against each other, and the accused sought quashing of the criminal complaint against them.
Finding of the Court:
The court analyzed the difficulties in plea for FIR registration when made belatedly, the need for detailed information in the FIR, and the power of the High Court to quash the complaint or the FIR if the allegations do not make out any case or are patently absurd. The court found that there were prima facie materials to show the involvement of the petitioner Subbaiah, and directed the respondent to register a case instead of ordering a preliminary enquiry.
Issues: The perplexing questions raised in the case were related to the accused, victim, and the plea for FIR registration, along with the maintainability of intervening petitions.
Ratio Decidendi: The court considered the legal provisions under Section 482 of the Cr.P.C., the parameters for exercising the power to quash FIR, and the need for prima facie materials to proceed against the accused. The court also referred to the case of Lalitha Kumari vs. Govt. of U.P & others for guidance on registration of FIR in corruption cases.
Final Decision: The court allowed the quashing of the FIR against the accused Rengarajan and Senthil Balaji, and directed the registration of a case against the petitioner Subbaiah.
Who is the accused? Who is the victim? Who is the victim and who is the accused, when allegations and counter allegations are made by both against each other? These are the perplexing questions raised in all the three cases.
2. The petitioner Subbaiah points out Babu, the erstwhile Managing Director of TNSTC, Rengarajan, the successor of Babu and the erstwhile Transport Minister Senthil Balaji and claim that they are the accused persons and he is the victim. But the petitioner Vel Murugan alleges that it is only Subbaiah, who was claiming influence with the higher authorities of the Corporation and also the Minister, who had illegally collected money is the accused and he is one among the victim. On the complaint of some prospective candidates, who are seeking appointment, case has been registered, arranging both Subbaiah and Vel Murugan as accused in Crime No.226 of 2016 of Town Police Station, Pudukottai. The erstwhile Managing Director Rengarajan and the erstwhile Transport Minister Balaji seek quashing of the criminal complaint against them on the ground that they have nothing to do with the transaction alleged by Subbaiah.
3. The plea for registration of FIR always presents difficulties, when the plea is made belatedly. Prompt and early reporting of the occurrence gives some assurance regarding the truthfulness of the occurrence. When there is a delay, unless delay is explained, it causes a reasonable doubt in the mind of the person entertaining the complaint that afterthoughts and colourful versions are likely to take the place of truth. It also gives an impression that the allegations may be on account of private and person grudge to entrap the accused in the net work of criminal proceedings and thus, the valuable right of liberty is very easily taken away.
4. At the initial stage, when the First Information Report is lodged, the information should provide some details giving opportunity to the Investigating Officer to enquire and find out whether the allegations stated could be true or not. But when the allegations are vague and bald, it is difficult to find out the truth.
5. Under such circumstances, the petitioner/Subbaiah herein has filed the application to give direction to the respondent to register the First Information Report. Similar prayer is made by the petitioner/Vel Murugan seeking registration of FIR as against Subbaiabh.
6. If the allegations in the complaint do not make out any case or the allegations are patently absurd or inherently improbable, so that no prudent person can ever reach to such a conclusion, then there is no sufficient ground for proceeding against the accused. Then the High Court would be competent to quash the complaint or the FIR. This is the dictum laid down in the case of ARNAVAZ v. ALCOBEX METALS LTD., reported in 2005 Cr.LJ 610, where the FIR did not disclose the commission of offence, without anything being added or subtracted from the recital therein, quashing of FIR was held proper.
7. In the case reported in 1998 SC 128 (M/s. Pepsi Foods Limited and another vs. Special Judicial Magistrate and others) also, it has been held that when the complaint and preliminary evidence makes out no case against the accused, complaint is liable to be quashed.
8. While exercising the power under Section 482 Cr.P.C., the Court is supposed to consider whether the complaint by itself de hors other matters, discloses commission of offence alleged (HARI GOVIND HATWAR v. STATE OF MAHARSHTRA, 2010 CrLJ (NOC) 218 BOM.)
9. Criminal Original Petition (MD)No.14067 of 2016, has been filed by the petitioner Subbiah, seeking direction to the Inspector of Police, District Crime Branch, Sivagangai to register the complaint lodged by the petitioner, dated 25.07.2016.
9.1. The sum and substance of the allegation is that the petitioner was working as Technical Assistant in TNSTC, Karaikudi from 2011; that he was approached by one Babu, the Managing Director, TNSTC, Karaikudi in the year 2014 towards getting illega
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