High Court · 2025

Crl. O.P. No. 11571 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22.04.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl. O.P. No.11571 of 2025andCrl. M.P. No. 7659 of 2025D. Vijayakumar ... PetitionerVs1.The State Rep., by The Inspector of Police, District Crime Branch, Tiruvallur. (Crime No. 40/2021)2. Sagayaraj... RespondentsPRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No. 40 of 2021 on the file of the District Crime Branch, Tiruvallur and quash the same as against the petitioner.For Petitioner : Mr. V. JaishankarFor Respondents : Mr. A. Gopinath, for R1 Government Advocate (Crl. Side)Page 1 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025O R D E RThis Criminal Original Petition has been filed to quash the FIR registered in Crime No.40 of 2021 on the file of the first respondent.2. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No. 40 of 2021, alleging that the petitioner fraudulently had executed sale deed in favour of the wife of the second respondent and received a sum of Rs.3,11,00,000/- as sale consideration. After verification, it was found that the properties stand in the name of the petitioner.3. In view of the same, the patta was also cancelled by revenue authorities. The petitioner had undertaken to return the sale consideration but thereafter, failed to return the same. When it was questioned by the second respondent, the petitioner also threatened him with dire consequences.4. On perusal of the entire FIR, there are specific allegations as against the petitioner to attract the offences under Sections 420, 465, 468 and 471 of IPC.Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 20255. It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offence, which has to be investigated in depth. Further the FIR is not an encyclopedia and it need not contain all facts and it cannot be quashed in its 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 into investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code. 6. 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 take 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 Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025complaint/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 meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification to interfere. At the initial stage of issuance of process, it is not open to the Court to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Therefore, the criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.7. Further the Hon'ble Supreme Court of India issued directions in the judgment reported in 2021 SCC Online SC 315 in the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of Maharashtra & ors., as follows :-“23. .................... vi) Criminal proceedings ought not to be scuttled at Page 4 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025the initial stage;vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;..............xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;.............xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025agency/police to investigate the allegations in the FIR; .......”8. In view of the above discussions, this Court is not inclined to quash the First Information Report. However, considering the crime is of the year 2021, the first respondent is directed to complete the investigation in Crime No.40 of 2021 and file a final report within a period of eight weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed.9. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.22.04.2025Index:Yes/NoNeutral Citation :Yes/NoATPage 6 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025To 1. The Inspector of Police, District Crime Branch, Tiruvallur. (Crime No. 40/2021)2.The Public Prosecutor, High Court, Madras.Page 7 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025G.K.ILANTHIRAIYAN. J,ATCrl. O.P. No. 11571 of 2025 andCrl. M.P. No. 7659 of 202522.04.2025Page 8 of 8

Crl. O.P. No. 11571 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22.04.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl. O.P. No.11571 of 2025andCrl. M.P. No. 7659 of 2025D. Vijayakumar ... PetitionerVs1.The State Rep., by The Inspector of Police, District Crime Branch, Tiruvallur. (Crime No. 40/2021)2. Sagayaraj... RespondentsPRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No. 40 of 2021 on the file of the District Crime Branch, Tiruvallur and quash the same as against the petitioner.For Petitioner : Mr. V. JaishankarFor Respondents : Mr. A. Gopinath, for R1 Government Advocate (Crl. Side)Page 1 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025O R D E RThis Criminal Original Petition has been filed to quash the FIR registered in Crime No.40 of 2021 on the file of the first respondent.2. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No. 40 of 2021, alleging that the petitioner fraudulently had executed sale deed in favour of the wife of the second respondent and received a sum of Rs.3,11,00,000/- as sale consideration. After verification, it was found that the properties stand in the name of the petitioner.3. In view of the same, the patta was also cancelled by revenue authorities. The petitioner had undertaken to return the sale consideration but thereafter, failed to return the same. When it was questioned by the second respondent, the petitioner also threatened him with dire consequences.4. On perusal of the entire FIR, there are specific allegations as against the petitioner to attract the offences under Sections 420, 465, 468 and 471 of IPC.Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 20255. It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offence, which has to be investigated in depth. Further the FIR is not an encyclopedia and it need not contain all facts and it cannot be quashed in its 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 into investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code. 6. 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 take 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 Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025complaint/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 meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification to interfere. At the initial stage of issuance of process, it is not open to the Court to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Therefore, the criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.7. Further the Hon'ble Supreme Court of India issued directions in the judgment reported in 2021 SCC Online SC 315 in the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of Maharashtra & ors., as follows :-“23. .................... vi) Criminal proceedings ought not to be scuttled at Page 4 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025the initial stage;vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;..............xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;.............xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025agency/police to investigate the allegations in the FIR; .......”8. In view of the above discussions, this Court is not inclined to quash the First Information Report. However, considering the crime is of the year 2021, the first respondent is directed to complete the investigation in Crime No.40 of 2021 and file a final report within a period of eight weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed.9. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.22.04.2025Index:Yes/NoNeutral Citation :Yes/NoATPage 6 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025To 1. The Inspector of Police, District Crime Branch, Tiruvallur. (Crime No. 40/2021)2.The Public Prosecutor, High Court, Madras.Page 7 of 8 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11571 of 2025G.K.ILANTHIRAIYAN. J,ATCrl. O.P. No. 11571 of 2025 andCrl. M.P. No. 7659 of 202522.04.2025Page 8 of 8