R ANBALAGAN Vs. STATE

JUDGEMENT

(1.) THE petitioner who is arrayed as A13 in Crime No. 800 of 2008 on the file of the respondent police station has filed the Criminal Original Petition seeking to quash the First Information Report in Crime No.800 of 2008 as far as the petitioner is concerned.

(2.) THE learned Senior Counsel submitted that the prosecution case is that on 22.07.1008, the brother of the complainant by name P.C.Palanisamy, his wife Malarvizhi, and their son Sivabalan were kidnapped and the house and their garden were destroyed. On 23.07.2008 at about 11.00 p.m, N.K.K.P.Raja's men namely Chinnappan, Varadharajan, Murugesh, Palanisamy, O.C.Viswanathan, Gopinath, K.P.Sami, T.R.Rangasamy, Balaji, Sampathkumar, Sundaram, Sundararajan, Anbalagan (Petitioner), Office Assistant of Sub Registrar, Karunakaran, U.R. Chandrasekaran, P.C.Chennimalaigounder, Kumar, Karuppannan, Kolandaivel and other known persons came to the thatched shed in which, his parents were residing the accused persons attacked the father of the complainant and obtained his thumb impression by coercion and force because of the said incident the father of the complainant was suffering from mental torture and internal injuries and that he died on 13.09.2008 at about 3.00 p.m. N.K.K.P.Raja and his men are responsible for the death of his father. Learned Senior Counsel submitted that prior to lodging of the complaint, the defacto complainant had filed a sworn affidavit in H.C.P.No.1114 of 2008 and in the said affidavit he had stated as under:-

(3.) IT is true that the allegations contained in the First Information Report regarding the alleged attack on the parents of the first informant have not been mentioned in the affidavit filed by the first informant in HCP.No.1114 of 2008 but from that alone this Court cannot came to the conclusion that the allegations contained in the First Information Report are false. Since primafacie the allegations contained in the First Information Report reveal the commission of cognizable offences, a case has been registered and hence at this stage it is not proper for this Court to interfere with the investigation. During the course of investigation all the materials, which in the opinion of the accused will falsify the allegations made in the First Information Report, can be produced before the Investigating Officer and it is for the Investigating Officer to consider the same along with the other evidence gathered during the course of investigation and file a final report accordingly. But at this stage it is not for this Court to go into the correctness or otherwise of the allegations contained in the First Information Report by comparing the allegations contained in the First Information Report with the averments in the affidavit filed by the informant in the said HCP.No.1114 of 2008.