K.K.S.M.THOULATHKHAN BAQAVI Vs. STATE

JUDGEMENT

(1.) This petition has been filed seeking to quash the proceedings pending in C.C.No.1555 of 2018.

(2.) The FIR was registered against the petitioner for an offence under Section 143 and 188 IPC and Section 174(A) of the Railway Act, 1989. The Inspector of Police, who registered the FIR also conducted the investigation and he has filed the final report before the Court below. The list of witnesses who have been examined by the investigating officer are all police officers belonging to the same Police Station. Ultimately a final report came to be filed against the petitioner for an offence under Sections 147 and 290 of IPC.

(3.) The learned counsel for the petitioner submitted that the entire Investigation is vitiated due to the fact that the complainant himself was the investigating officer and the persons who have been examined by the complainant are all police officers belonging to the same Police Station and the same officer also laid the final report. Therefore, the learned counsel submitted that there is absolutely no independent investigation that was conducted in this case. The learned counsel further submitted that the FIR was registered for an offence under Sections 147 and 188 of IPC. Only a complaint sould have been filed by the authorized officer where the offence is shown registered under Section 188 of IPC. However an FIR was registered and the same was investigated and the final report has been filed and therefore the final report is vitiated as per the judgment of this Court in Jeevanandham and others vs. State rep. by Inspector of Police, Velayuthampalayam Police Station, Karur District and another reported in 2018 2 LW (Cri) 606.