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2025 Supreme(Mad) 4509

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J.
Jose Hormese - Appellant 
Versus 
The State Rep By, The Inspector of Police - Respondent 
Crl.R.C.No.1291 of 2022
Decided on : 17-06-2025


Advocates:
Advocate Appeared:
For the Appellant : Mr.Suresh
For the Respondent:Mr.L.Baskaran, Government Advocate (Crl. Side), Mr.S.Mahesh Kumar for Ms.Rohini Ravikumar, Mr.K.Megala

The court emphasized the necessity of a fair investigation in cases involving serious allegations, reaffirming that closure without solid grounds jeopardizes legal standards.

Headnote:(A) Criminal Procedure Code, 1973 - Sections 160 and 380 IPC - The petitioner contests the closure of his complaint regarding missing jewels, asserting the lower court's decision failed to address key allegations. The Apex Court's order subsequently quashed the FIR, directing the police to conduct a thorough investigation. (Paras 2, 8, 9, 15)

(B) Fairness in investigation - It is essential for the police to thoroughly investigate complaints and not close cases without substantial grounds, especially where allegations of domestic discord involve potential criminal actions. (Paras 6, 11, 12)

Facts of the case:
The petitioner alleged that numerous jewels worth substantial value went missing after his estranged wife had been living separately. The jewels were allegedly replaced with imitation items, prompting the petitioner to file a police complaint that ultimately led to an FIR registration against the estranged wife.

Findings of Court:
The court set aside the lower court's order on procedural grounds and quashed the FIR registered against the second respondent, emphasizing the need for a detailed investigation into the case.

Issues: The primary issues were whether the lower court prematurely closed the investigation without adequate consideration of evidence and whether the FIR registration was lawful under the circumstances.

Ratio Decidendi: The court maintained that an FIR should not be registered or closed arbitrarily, especially when severe allegations of theft and domestic discord are involved, and thus mandates thorough inquiry and fair treatment under the law.

Result: The appeal is allowed, and the FIR is quashed.

Table of Content
1. details of the family and marital discord. (Para 3 , 10)
2. court's observations on evidence and allegations. (Para 4 , 7 , 11 , 12)
3. arguments regarding the complaint and investigations. (Para 5 , 6 , 8)
4. legal conclusion on the validity of the fir. (Para 15)
5. final order and directions to police. (Para 16 , 17)

ORDER :

M.NIRMAL KUMAR, J.

This Criminal Revision Case has been filed by the petitioner, estranged husband of the 2nd respondent to set aside the impugned order, dated 13.06.2022 in Crl.M.P.No.1394 of 2021 passed by the learned Judicial Magistrate No.I, Alandur.

2. Earlier this Court by order, dated 21.09.2022 disposed the present revision setting aside the impugned order directing the 1st respondent Police to register a case on the complaint of the petitioner, investigate and file charge sheet within a period of months and report compliance. Aggrieved over the same, the 2nd respondent herein preferred an appeal before the Hon'ble Apex Court in Criminal Appeal No.3388 of 2023 (arising out of SLP(CRL)No.11400 of 2022). The Apex Court on 21.11.2022 passed order of interim stay of operation of the order, dated 21.09.2022 in Crl.R.C.No.1291 of 2022 and thereafter, passed final order on 31.10.2023 setting aside the order of this Court dated 21.09.2022 in Crl.R.C.No.1291 of 2022 and restoring the revision to the file of this Court. Hence, this Court by order, dated 18.12.2023 impleaded the respondents 2 and 3, ordered notice, after hearing the petitioner and respondents, the following order is passed.

3. Gist of the case is that the petitioner is a Commander Pilot of Air India residing in Air India Staff Colony, Meenambakkam with his wife/2nd respondent and daughter Anushka Jose till the year 2018. The 2nd respondent went to Cochin for her own reasons, later decided to live there. The petitioner used to visit the 2nd respondent and his daughter frequently at Aluva, Ernakulam where the petitioner had an apartment. On 22.12.2018, the petitioner made arrangement for forthcoming family function which was to be held during January 2019 and suggested his wife/2nd respondent to wear gold ornaments since she was not wearing jewels on previous functions. Almost all jewels purchased by the petitioner. Normally, the jewels for safety kept in bank locker at State Bank of India, Meenambakkam Branch in Locker No.291 linked to Account No.30158914499. The said joint bank account operated by the petitioner and the 2nd respondent independently. Since the petitioner's wife was in Ernakulam, she informed her husband to bring the jewels. The petitioner was unable to find jewel box in Almirah of the house, after search, he was able to find the jewel box in a pouch. When he opened the jewel box, most of the jewels found missing and some were imitation jewels. The petitioner informed the same to his wife/2nd respondent. But the 2nd respondent was not shocked hearing about missing of jewels. The petitioner took the pouch to Cochin on 23.12.2018 and the 2nd respondent confirmed that except few gold and silver ornaments, the other jewels were imitation. Thereafter, petitioner, 2nd respondent and 2nd respondent's mother returned to Chennai, searched the entire house, later petitioner visited the State Bank of India, Meenambakkam to open the locker. Since the Bank employees announced strike on 24.12.2018, the locker could not be opened. Later the petitioner had gone to Ernakulam to celebrate Christmas on 26.12.2018, returned back to Chennai on 27.12.2018, opened the bank locker and found the locker empty. The petitioner informed the 2nd respondent to come Chennai to lodge a Police complaint and the petitioner booked air tickets for his wife and daughter to travel to Chennai in Air India on 28.12.2018. The 2nd respondent avoided travelling to Chennai. Thereafter, the petitioner gave a complaint to the 1st respondent Police as well as to the Assistant Commissioner of Police, Chennai-South for missing jewels.

4. During enquiry, the petition

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