Madras High CourtCRL OP/5549/2017closed

S.B.Shabir, Aged 37 Years, v. State Rep. By

2017-11-08Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.5549 of 2017 and Crl.M.P.Nos.12862 and 4150 of 2017 S.B.Shabir ... Petitioner/Accused No.2 Vs.

1. State represented by The Inspector of Police, 17th Team, ALGSC - I Central Crime Branch, Chennai - 600 007.

... 1st Respondent 2.Jothi Babu ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in FIR No.216/2016 on the file of the first respondent and quash the same. For Petitioner :

Mr.S.Veeraraghavan For Respondents :

Mr.C.Iyyappa Raj for R1 M/s.Sai Bharath and Ilan for R2

ORDER

The only ground raised by the petitioner for having the investigation to be quashed is that the petitioner is only a power agent and therefore he cannot be criminally liable for the acts done by his principal. It is no doubt true that the petitioner, who is the Power Agent, cannot be made as an accused in a criminal case on behalf of his principal.

2. At this juncture, the learned Additional Public Prosecutor for the first respondent submitted that the averments of conspiracy have also been made for implicating the petitioner also. This requires further investigation.

3. In view of the same, I do not find any reason as to why the investigation has to be quashed, since the complaint makes out the alleged offence. In the result this criminal https://hcservices.ecourts.gov.in/hcservices/

original petition stands dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS II) // True Copy// Sub Assistant Registrar dpq To

1. The Inspector of Police, 17th Team, ALGSC - I, Central Crime Branch, Chennai - 600 007.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Saibharath & Illan, Advocate SR.No.79153 +1cc to Mr.S.Veeraghavan, Advocate SR.No.79806 Crl.O.P.No.5549 of 2017 and Crl.M.P.Nos.12862 and 4150 of 2017 RSI(CO) GN(24/11/2017) https://hcservices.ecourts.gov.in/hcservices/