PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records and quash the FIR in crime No.479 of 2022 on the file of the respondent police.

O R D E R

This criminal petition petition has been filed to quash the F.I.R. in crime No.479 of 2022 on the file of the respondent police.

2. The case of the prosecution is that on 02.10.2022, the defacto complainant preferred complaint against the petitioner and other accused stating that the defacto complainant and his brother Muniyan and his family are having civil dispute pending trial before the Sub Court at Ulundurpet in O.S.No.13 of 2017. On 30.09.2022 at evening 3.00 O'clock A-1 Muniyan, A-2 Iyyappan, A-3 Devi, A-4 Ramasamy, A-5 Anjamani suddenly put iron fence around his house. The defacto complainant questioned them. Therefore, the accused altogether abused by filthy language and assaulted the defacto complainant by using ‘Kadaparai’, Stick, Cheppal. At that time, the village people Sundharamurthy and Selvam stopped them and saved the defacto complainant. However, the accused gave a life threat to the defacto complainant. Thereafter, the defacto complainant was admitted in Government Hospital, Ulundurpet. Based on the complaint, the 1st respondent police registered criminal case in Crime No.479 of 2022 for the offences u/s 147, 148, 294(b), 323, 324, 355, 506(ii) of IPC, against which second accused has filed this criminal original petition.

3. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the present FIR has been filed as against the petitioner. Hence he prayed to quash the same.

4. The learned Government Advocate(crl.side) appearing for the first respondent submit that the investigation is almost completed and the respondent police have only to file final report.

5. Heard the learned Counsel appearing on either side and perused the materials placed on record.

6. It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offence under Sections 147, 148, 294(b), 323, 324, 355, 506(ii) of IPC, which has to be investigated in depth since the second respondent sustained injuries and he took treatment in Government Hospital. Further, though civil dispute is pending between the petitioner and the second respondent, there are specific allegations for the occurrence took place on 30.09.2022. Further the FIR is not an encyclopedia and it need not contain all facts and 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.

7. The Hon'ble Supreme Court of India passed in the judgment reported in 2019 (14) SCC 350 in the case of Sau. Kamal Shivaji Pokarnekar vs. The State of Maharashtra & ors., (Crl.A.No.255 of 2019 dated 12.02.2019 held that the learned Magistrate while taking cognizance and summoning, is required to apply his judicial mind only with the view to taking cognizance of the offence whether a prima facie case has been made out for summoning the accused person. The learned Magistrate is not required to evaluate the merits of the materials or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to conviction or not. Only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the complaint/FIR can be taken for consideration for quashment. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by Magistrate, it can be considered for quashment. Therefore, it is not necessary that a