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Synopsis

Justice Satish Kumar of Madras High Court, recently invoked inherent jurisdiction available to the court under Section 482 of Criminal Procedure Code to direct the Additional Superintendent of Police, Kancheepuram to take over an investigation. The court used its inherent powers after the CCTV footage of the crime revealed foul play.

Court was hearing a plea for quashing of an FIR, filed by a person who was taken into custody after the police found several Brandy bottles illegally stored. According to the judgment, when the police were on routine patrol near a company called SPP Enterprises, they found valuables cars. The police alleged, upon searching, they also found several Brandy bottles. Hence, police seized all the four vehicles along with the liquor bottles and arrested the person.

However, the court, on perusing the videographes of the arrest, the court observed that some persons in plain cloths have taken the cars referred in the FIR themselves forcibly. It further observed that there was no trace of any brandy bottles whatsoever. Furthermore there was no trace of seizure as alleged in the FIR.

In the light of the above, the court took a prima facie view that allegation in petition should be probed properly. The court, thus, invoked its inherent jurisdiction under Section 482 of Cr.P.C.

Court directed the Additional Superintendent of Police, Kancheepuram District to conduct the investigation and enquire thoroughly into the matter. It further directed the Superintendent of Police to monitor investigation. The Investigating Officer was further directed to seize all the footage to find out the veracity of the complaint.

It was further held that during the investigation if it is found that the FIR is motivated and falsely filed, he can proceed against the persons who are instrumental in lodging the FIR, and the investigation shall be completed within three months. Court, directed the Investigating Officer to submit the CCTV footage for expert examination. 

Court, thus disposed of the petition.

Case title: Prabhu Vs State of Tamil Nadu