S.Senthil Azhagan, M/A 56 Yrs, v. L.Sugumar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN CRL.R.C.No.1028 of 2018 and Crl.M.P.No.12131 of 2018 S.Senthil Azhagan ... Petitioner -Vs1.L.Sukumar Managing Director, M/s.P dot G Constructions Pvt.Ltd., No.26, Balasubramaniam street, Saptagiri Nagar, Valasarawakkam, Chennai - 116.

2. Inspector of Police (Crime), SRMC Police Station, 72, Pillayar Koil Street, Lakshmi Nagar, Porur, Chennai - 125.

... Respondents PRAYER: Criminal Revision Petition is filed under Section 397 and 401 of of Criminal Procedure Code, to call for the records pertaining to the order dated 25.07.2018 made in Crl.M.P.No.3791 of 2018 on the file of the learned District Judicial Magistrate No.1, Poonammalee and set aside the

same.

For Petitioner : Mr.N.Manokaran For R1 : Mr.V.J.Priyadarsana Government Advocate (Crl.Side) For R2 : Service awaited ********

O R D E R

The petitioner is the accused before the Trial Court.

2. The first respondent herein who is the de-facto/complainant has filed a complaint before the learned Judicial Magistrate Court No.I, Poonamalee under Section 156 (3) of Cr.P.C for registration of the F.I.R for alleged misappropriation of offence and also cheating.

3. The learned Judicial Magistrate No.1, Poonamalee by order dated 25.07.2018, after considering the fact that prima-facie case is made out with the Inspector of Police (Crime), SRMC Police Station, Porur, Chennai, directed the investigation to be completed within a period of 60 days. Aggrieved against the said order, this Criminal Revision Petition has been

filed.

4. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) has submitted that, pursuant to the impugned order, dated 25.07.2018, the second respondent has registered a case under Section 506(ii) I.P.C on 25.08.2018 for alleged offences under Sections 406 and 420 of I.P.C.

5. It is also represented that the petitioner/accused has filed anticipatory bail petition before the learned Principal Sessions Judge, Tiruvallur and the same was granted and the subject matter of the property has also been seized, including the property in question, and after following the procedures, handed over the same to the first respondent/de-facto-complainant.

6. After going through the impugned order dated 25.07.2018, passed by the learned Magistrate and also the subsequent developments, I find that nothing survives in this matter, except to issue a direction to the concerned Inspector of Police to complete the investigation and file a

charge sheet within a period of three months from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Revision Petition is disposed of. Consequently, connected Crl.M.P. is closed.

01.06.2023 nvi Index: Yes / No Speaking Order: Yes/no To

1. The Judicial Magistrate No.I, Poonamalee 2.The Public Prosecutor, High Court, Madras.

3. Inspector of Police (Crime), SRMC Police Station, 72, Pillayar Koil Street, Lakshmi Nagar, Porur, Chennai - 125.

RMT.TEEKAA RAMAN, J.

nvi Order made in CRL.R.C.No.1028 of 2018

01.06.2023