SIVASANKAR Vs. STATE

JUDGEMENT

(1.) THE petitioners/accused 2 and 3 in crime No.1/2004 on the file of the second respondent have filed this petition to quash the F.I.R. registered against them under Sections 420 and 477 I.P.C.

(2.) THE brief averments in the grounds adumbrated in the petition may be set out briefly as under:- (a) THE complaint was presented before the second respondent for further investigation in pursuance of the sanction accorded by the Government and there is no record to show that the complaint was filed before the first respondent who in turn directed the second respondent to register the case. THEre is no proof to show that the said complaint was given to the second respondent at the first instance. THE alleged documents referred to in the complaint have not been produced along with the same so as to make out a prima facie case and therefore the investigation in this case is vitiated under the provisions of Sections 4 and 157 Cr.P.C. (b) THE statement recorded from the first accused by the first respondent did not disclose that these petitioners were involved in the case. Further the confession recorded from first petitioner is against the provisions under Section 27 of the Evidence Act. THEre is inordinate delay in lodging the complaint and the same is not explained in the F.I.R. THE alleged occurrences between October 2002 and August 2003 in a single complaint is not legally sustainable. THE alleged complaint would in no way attract the penal provisions referred to above. THE respondent has not yet filed any final report in this case so far and therefore in view of the above mentioned grounds the same is liable to quashed.

(3.) FURTHER, he has submitted in his argument that the investigation was done in violation of the mandatory provisions of Sections 4 and 157 Cr.P.C., since it is not stated that the complaint was given to the concerned police station having jurisdiction. In answer to such contentions, learned Government Advocate (Criminal side) has drawn the attention of this Court to Section 4 Cr.P.C. which reads as follows: -