ANDI Vs. STATE REPRESENTED BY SUB-INSPECTOR

JUDGEMENT

(1.) (This petition has been filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and quash the criminal case registered in Crime No.108 of 2007 as against the petitioners/accused 1 to 4 for the alleged offences under Section 294(b), 427, and 447 of Indian Penal Code.) This criminal original petition has been filed, praying to quash the case registered in Crime No.108 of 2007 under Sections 294(b), 427 & 447 of Indian Penal Code.

(2.) IT is stated in the petition that one Vellaikalai, a resident of Avichipatti Village, Natham Taluk, Dindigul District, has lodged the complaint in question and the same has been registered in Crime No.108 of 2007, wherein the present petitioners have been shown as the accused. Further it is stated in the petition that the second petitioner has been arrested on 02.03.2007 and even though the complaint in question has been registered in Crime No.108 of 2007 on 01.03.2007, the respondent has not filed the requisite final report within six months from the date of arrest of the second petitioner i.e., on 02.03.2007, as contemplated in Section 167(5) of the Code of Criminal Procedure. Under the said circumstances, the present petition has been filed so as to quash the case registered in Crime No.108 of 2007.

(3.) IN support of his contention, he has drawn the attention of the Court to the following decisions; (a)The first and foremost decision is reported in 2007(1) MWN (Cr.) 268 (Azalea Veronica Vs. State, represented by INspector of Police, Airport Police Station, Chennai) wherein this Court has held that if there is any contravention of mandatory requirements of Section 167(5) of the Code of Criminal Procedure, would amount to clear case of abuse of process of law and the entire proceedings are liable to be quashed. (b)the second decision is reported in 1982 Criminal Law Journal 744 (Jaya Sankar Jha Vs. State) (Calcutta High Court) wherein it has been held that no attempt by investigating officer to satisfy the Magistrate as required by Section 167(5) of the Code of Criminal Procedure has been made and therefore, the investigation is illegal.