CRL OP/26169/2026 of Sathiamoorthi .K Vs State represented by Inspector of Police on 29 October 2026

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No.163 of 2017 registered by the first respondent police for the offences punishable under Sections 420, 467 and 471 of IPC, as against the petitioner.

2. The case of the prosecution is that the first accused, namely Sasikumar, had availed a loan of Rs.8,40,000/- from the second respondent/de-facto complainant bank for the purchase of a Tempo Traveller, repayable in 48 monthly instalments. It is alleged that first accused paid only six EMIs and thereafter defaulted in repayment of the loan. It is further alleged that the first accused, in collusion with one S.R.Rajesh and Banumathi, namely, Accused Nos.3 and 4 had created certain forged documents and that the said Tempo Traveller is presently in the possession of the said Accused Nos.3 and 4. On the complaint lodged by the second respondent, the first respondent police registered an FIR in Crime No.163 of 2016 for the offences punishable under Sections 420, 467 and 471 of IPC, in which the petitioner was arrayed as Accused No.2. To quash the said criminal proceeding, the petitioner filed the present petition.

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CRL OP No. 26169 of 2026

3. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the second respondent police registered a case in Crime No.163 of 2017 for the offences under Sections 420, 467 and 471 of IPC, as against the petitioner. Hence he prayed to quash the same.

4. The learned Additional Public Prosecutor would submit that the investigation is almost completed and the respondent police have only to file final report.

5. Heard the learned Counsel appearing on either side and perused the materials placed on record.

6. It is seen from the First Information Report that there are specific allegations as against all the accused persons to attract the alleged offences, 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 the 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 in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

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CRL OP No. 26169 of 2026

7. The Hon'ble Supreme Court of India in it’s 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 taking 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 complaint/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

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CRL OP No. 26169 of 2026

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.

8. 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 the 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

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CRL OP No. 26169 of 2026

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 agency/police to investigate the allegations in the FIR; .......”

9. 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 2017, the first respondent is directed to complete the investigation in Crime No.163 of 2017 and file a final report within a period of four weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Uma

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CRL OP No. 26169 of 2026

To

1. The Inspector of Police Periyanaickenpalayam Police Station, Coimbatore. Crime No.163/2017

2. The Public Prosecutor High Court of Madras.

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CRL OP No. 26169 of 2026

G.K.ILANTHIRAIYAN, J. Uma CRL OP No. 26169 of 2026 26-10-2026

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