CHENNAI: The Madras High Court has pulled up the police for registering first information report (FIR) on the basis of a complaint from one Rangarajan Narasimhan of Sri Rangam near Tiruchy against Muthiah Sthapathy, chief stapathy attached to the HR&CE department, allegedly without making a thorough probe into the allegations.
“How did you register the FIR on the very same day of complaint? Have you conducted the preliminary enquiry before registering it?” said Justice N Anand Venkatesh on Tuesday.
Irritated over the manner in which the FIR was registered over an incident which took place well over 14 years ago in 2004 (during kumbabhishekam of Sri Kapaleeswarar Tempe in Mylapore), the judge posed the questions to the Idol Wing police, which registered the FIR on July 23, 2018.
Originally Muthiah was arrested and later released on bail. He filed the present petition to quash the proceedings.
Noting that even persons named in the FIR are protected by the fundamental rights guaranteed under Article 21 of Constitution, Justice Venkatesh wondered whether prosecution was aware of the essence of the Supreme Court judgment relating to Lalithakumari case. When a complaint was filed after a lapse of many years, the police had to conduct preliminary enquiry before registering FIR. “Have you followed it?” the judge said.
“I want answers to these fundamental queries,” the judge told the Additional Public Prosecutor and directed him to submit a report on the queries along with status and progress reports by July 9. Till then no final report (charge-sheet) shall be filed in this case, the judge added.