Ramakrishnan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Criminal Original Petition No.9727 of 2015 and M.P.No.1 of 2015

1. Ramakrishnan, S/o. Mr.Chinnappattu

2. Pappammal W/o.Mr.Ramakrishnan ... Petitioners Vs.

1. State rep. by The Inspector of Police, District Crime Branch, Thiruvannamalai, Thiruvannamalai District.

2. Vasantha ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to Crime No.14 of 2014 from the file of Respondent/Police and quash the same.

For Petitioners : Mr.R.Bakyaraj For R1 : Mr.S.Karthikeyan, Additional Public Prosecutor For R2 : No appearance

ORDER

The petitioners, who are arrayed as A1 and A5 in Crime No.14 of 2014 on the file of the first respondent Police, for the offence under Section 420 of IPC, has filed the present petition to quash the complaint registered against them.

2. When the matter is taken up for consideration, the learned Additional Public Prosecutor, appearing for the first respondent Police submitted that investigation has been completed and charge sheet has also been filed in this case https://hcservices.ecourts.gov.in/hcservices/ Page numbers

and the same was taken on file in C.C.No.230 of 2015, by the learned Judicial Magistrate No.1, Tiruvannamalai. He further submitted that the case is posted for appearance of the accused on 16.06.2020.

3. Heard both sides perused the records.

4. It is seen from records that the case is pending from the year 2015 and now posted for appearance of the accused on 16.06.2020. In view of the same, the learned Judicial Magistrate No.1, Tiruvannamalai, is directed to take coercive action to secure the accused not by mechanically adjourning the case for fresh summons.

5. Since it is a chit fund transaction and the accused have cheated money from 17 innocent persons, the learned Public Prosecutor is directed to inform the first respondent Police to show seriousness in this case and to file a petition to take steps to serve the summons. If the summons could not be served, then to take necessary steps to issue warrant, if not issued so far and also file a petition for cancellation of bail and to secure the accused.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rm To

1. The Inspector of Police, District Crime Branch, Thiruvannamalai, Thiruvannamalai District.

(Crime No.14 of 2014)

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9727 of 2015 MG(CO) CB(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers