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Madras High CourtCRL OP/4753/2022dismissed

N.Vimalraja v. The State Rep By

2022-06-21Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.4753 OF 2022 A N D CRL.M.P.NO.2498 OF 2022 N. Vimalraja ... Petitioner Vs

1. The State rep. By The Sub-Inspector of Police Kottuchery Police Station Kottuchery Karaikal.

2. K. Meenakshi ... Respondents PRAYER :

Criminal Original Petition filed under Section 482 of Cr.P.C. to quash the impugned F.I.R.No.108 of 2021, on the file of the first respondent Police, in so far as the petitioner/first accused is concerned.

For Petitioner ... Mr.R.Krishnaswamy For Respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1 Mr.N.Vijayaraj for R.2.

O R D E R

This Criminal Original Petition has been filed to quash the impugned F.I.R.No.108 of 2021, against the petitioner/A.1 for the offences punishable under Sections 34, 420 and 506 of the Indian Penal Code, on the file of the first respondent Police.

2. Heard Mr.R.Krishnaswamy, learned counsel for the petitioner, Mr.A.Gokulakrishnan, learned Additional Public

Prosecutor for the first respondent and Mr.N.Vijayaraj, learned counsel for the second respondent.

3. The crux of the allegation in the First Information Report is that after the death of the husband of the defacto complainant, the petitioner had promised the petitioner in collecting the amounts due to her deceased husband and thereby, committed an act of cheating.

4. The only ground urged before this Court is that the petitioner had already given a complaint to Mayiladuthurai Police Station, on 3/7/2021, which has been closed. After the perusal of the entire file, it appears that closure of the previous complaint is not in accordance with law and no notice has been sent. Civil Suit in O.S.No.169 of 2021 and I.A.No.2 of 2021 before the learned Principal Sub-Judge, Mayiladuthurai, is filed after the complaint has been filed.

5. Considering the nature of the allegations stated in the First Information Report, this Court is of the considered view that investigation has to see its logical end. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mvs.

To

1. The Sub-Inspector of Police Kottuchery Police Station Kottuchery Karaikal.

2. The Public Prosecutor, High Court, Madras. Crl. O.P. No.4753 of 2022 JPL(CO) PM/11/07/2022