Pendency of civil cases not a bar for probe

CHENNAI: Mere pendency of civil suits and some interim orders thereon will not take away the power of an investigating authority from enquiring into a crime, the Madras High Court has held. Justice K Chandru made the observation while dismissing a writ petition from G Ramamoorthy, seeking to restrain the Assistant Commissioner of Police, Anti Land Grab Cell, Coimbatore, from proceeding further on the basis of a complaint from the petitioner’s widowed sister-in-law B Chandrakala.The judge said that it was not a fit case where any interference was called for due to a mere apprehension expressed by the petitioner.  The FIR was yet to be registered. If an FIR was registered and if it disclosed any cognizable offence, the petitioner has a remedy by way of getting an anticipatory bail before an appropriate court and thereafter defending himself if proceedings continued.  In case of a non-cognizable offence, he would always get notice from the appropriate court. It was only after investigation, it could be seen whether any offence had been made out so as to proceed with the case on hand, the judge pointed out.“Ultimately, it is for the investigating officer (IO) to decide whether any case has been made out for the purpose of filing a charge sheet against the accused. Certainly, the IO will also take note of the civil court orders interdicting the right of any party and will proceed accordingly,” the judge said.