Madras High CourtCRL OP/31627/2013dismissed as infructuous

Muthoot Finance Ltd., v. The Inspector Of Police

2020-01-27Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Criminal Original Petition No.31627 of 2013 Muthoot Finance Limited, MKB Nagar Branch, Rep. by its Branch Manager, Kesavan Moorthy S/o.Late Vijaya Rangan, 50/94, Kamarajar Salai, Chinna Chekadu, Manali, Chennai-68.

... Petitioner -vs1.State rep. by Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

(Crime No.538 of 2012) 2.Bala @ Paulraj, S/o.Chandran.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to Notice dated 29.10.2013 issued by the 1st Respondent and quash the same. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.R.Ravichandran for R1 Government Advocate (Crl.side)

O R D E R

The first respondent Police registered a case in Crime No.538 of 2012 based on a complaint and issued summons to the petitioner. During investigation, the petitioner has filed the present petition seeking to quash the investigation proceedings. 2.The learned counsel for the petitioner would submit that the petitioner is only a financier and he is not aware of the commission of offence by the 2nd respondent and therefore, the issue of summons to him does not warrant. Hence, the summons are liable to be quashed.

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3.The learned Government Advocate (Crl.side) would submit that only during investigation the respondent Police came to know that the petitioner is not the direct person involved in the commission of offence. The 2nd respondent/accused had pledged the jewels and received loan from the petitioner and the petitioner has no knowledge that the jewels are stolen one. He further submitted that now the investigation has been completed and charge sheet has been filed before the learned Judicial Magistrate, Villupuram. The learned Judicial Magistrate has taken cognizance of the charge sheet and taken on file in C.C.No.109 of 2017 on 17.07.2017.

4.In view of the further developments, nothing further survives in this petition. Accordingly, this Criminal Original Petition stands dismissed as infructuous.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar rm To:

1.The Judicial Magistrate, Villupuram.

(C.C.No.109 of 2017) 2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

(Crime No.538 of 2012) 3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.T.Muruganantham, Advocate sr 6085. Crl.O.P. No.31627 of 2013 VGII(CO) SP(03/03/2020) https://hcservices.ecourts.gov.in/hcservices/