FIR is not an encyclopedia to contain all facts, observes court

Justice G K Ilanthiraiyan made this observation while refusing to quash a second FIR registered against six persons who had created fabricated documents as if it was given by a Malaysian court.

The petitioners --C Balachandran, Kailasam, Vijayan, Mappillai, Settu Ganesh and Trichikarar-- had submitted that the defacto complainant A Murugesan had lodged a complaint in 2012 alleging that they created forged documents such as Commissioner of Oath Certificate and Notary Certificate to grab the property of the defacto complainant.

Now the allegations made in the present complaint for which a FIR has been registered are only subsequent information relating to the same incident and therefore the subsequent FIR is unmaintainable and without any base and hence needs to be quashed, the petitioners said.

Per contra, the counsel appearing for the defacto complainant submitted that the petitioners and other accused have already involved in a crime of cheating and fabrication of documents and therefore the defacto complainant lodged complaint and the same is pending.

To escape from the above case, the petitioners have further committed various offences by manipulating the court documents and played fraud upon the courts. Therefore, the present complaint has been lodged and there is specific overt act against each of the petitioners and that it is not the subsequent information relating to the first FIR and the present complaint has been registered on different set of allegations, he submitted.

However, Justice Ilanthiraiyan on pointing out that it is seen from the present FIR that there is a specific allegation against the petitioners, which has to be investigated, said “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 must step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the code.”

The judge also directed the District Crime Branch, Namakkal District, to complete the investigation and file a final report within three months.