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2023 Supreme(Online)(MAD) 36190
MADRAS HIGH COURT
VETRIVEL – Appellant
Versus
STATE REP BY – Respondent
CRL OP/32276/2022
An FIR should not be quashed if there is a specific overtact alleged against the accused, which constitutes a cognizable offense.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF FIR - FIR ALLEGING FORCIBLE DEMAND OF LIQUOR, ABUSIVE LANGUAGE AND ATTEMPT TO HIT THE COMPLAINANT WITH A STONE - SPECIFIC OVERTACT ALLEGED AGAINST THE PETITIONER - NO MERITS TO QUASH THE FIR - HOWEVER, INVESTIGATION DIRECTED TO BE COMPLETED WITHIN THREE WEEKS.
Fact of the Case:
The petitioner filed a criminal original petition under Section 482 of the Code of Criminal Procedure (CrPC) to quash an FIR registered against him in 2016. The FIR alleged that the petitioner, along with other accused, forcibly demanded liquor from the complainant, used abusive language against him, and attempted to hit him with a stone.
Finding of the Court:
The court found that there was a specific overtact alleged against the petitioner, which constituted a cognizable offense. Therefore, the court held that there were no merits to quash the FIR.
Issues: Whether the FIR should be quashed for lack of specific overtact against the petitioner.
Ratio Decidendi: The court held that the FIR should not be quashed as there was a specific overtact alleged against the petitioner, which constituted a cognizable offense.
Final Decision: The court directed the police to complete the investigation and file a final report within three weeks.
Crl.OP.No.32276 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32276 of 2022
Crl.M.P.No.19907 of 2022
Vetrivel
...Petitioner
Vs.
1.The State represented by
The Inspector of Police,
T-7, Tank Factory Police Station,
Chennai.
Crime No.16 of 2016
2.Ganesan
... Respondents
PRAYER
: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records relating to the proceedings in Crime No.16 of
2016 on the file of the 1st respondent herein and quash the same.
For Petitioner : Mr.I.Abdul Basith
For Respondents : Mr.S.Santhosh (for R1)
Government Advocate (Crl side)
Mr.Narayanan,(for R1)
Sub-Inspector
Chennai.
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Crl.OP.No.32276 of 2022
ORDER
This Criminal Original Petition has been filed to call for the records
relating to the proceedings in Crime No.16 of 2016 on the file of the 1st
respondent herein and quash the same.
2.The learned counsel for the petitioner submitted that though the First
Information report was registered in the year 2016, there is no progress in the
investigation and final report is not filed so far. That apart, there is no specific
overtact against the petitioner. Therefore, he prays for quashment of the First
Information Report.
3.The learned Government Advocate (Criminal side) submitted that
investigation is almost completed and waiting for receipt of wound certificate.
Once, wound certificate is received final report would be filed.
4.The reading of the First Information Report shows that the petitioner
along with the other accused said to have forcibly demanded the liquor
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Crl.OP.No.32276 of 2022
possessed by the defacto-complainant. Petitioner used abusive language against
the defacto-complainant and that he had taken a stone and from him the stone
was taken by co-accused Paranthaman for hitting the defacto-complainant.
Therefore, this Court finds that there is specific overtact alleged against this
petitioner which is cognizable offence. This Court finds there is no merits to
quash the First Information Report in Crime No.16 of 2016 on the file of the
first respondent. At the same time, considering the fact that the case is pending
without completion of investigation from 2016, directs the respondent to
complete the investigation immediately and file final report before the
competent Court within the period of three weeks from the date of receipt of a
copy of this order.
5.Mr.Narayanan, Sub-Inspector, under takes to file final report.
6.Accordingly, this Criminal Original Petition is disposed of.
Consequently, connected miscellaneous petition is closed.
03.01.2023
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Crl.OP.No.32276 of 2022
Index : Yes / No
Speaking / Non Speaking order
ep
G.CHANDRASEKHARAN,J.
ep
To
1. Inspector of Police,
T-7, Tank Factory Police Station,
Chennai.
2.The Public Prosecutor
High Court, Madras.
Crl.O.P.No.32276 of 2022
Crl.M.P.No.19907 of 2022
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Crl.OP.No.32276 of 2022
03.01.2023
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