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Madras High CourtCRL OP/9887/2023disposed of

Jana Small Finance Bank Ltd, v. The Inspector Of Police

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9887 of 2023 M/s Jana Small Finance Bank LTD ( Branch Office Address No.259/4/129, Saradha College Road, Opp to Anna Salai, Swaranapurai, Salem) ( Branch Office Address No.28/36) Firs Floor, South West Boag Road, T.Nagar, Cheenai - 600 17 Represented by its Authorized Officer Mr. Veerabagu

...Petitioner/Defacto Complainant

Vs.

State Represented by The Inspector of Police Central Crime Branch, Salem District Crime No.12 of 2021 ... Respondent/complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to alter the FIR by include the offended person and make an enquiry and to file an additional fresh FIR and to file a final report and pass orders. For Petitioner : Mr. V. Balasubramani For Respondent : Mr.S. Santhosh Govt. Advocate( Crl Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to alter the FIR by including the offended person and make an enquiry and to file an additional fresh FIR and to file a final report.

2. The case of the petitioner is that he is working in the petitioner's finance company and it is alleged that some employees of the said company entered into a criminal conspiracy and swindled the funds of the company, due to which a F.I.R was registered before the respondent in the above Crime Number. The grievance of the petitioner is that the respondent have not included some of the main accused in the F.I.R. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner lodged a compliant before the First respondent police, who inturn registered the same. However, some persons who have committed the crime was not shown in the F.I.R and to add them as accused the petitioner has filed this present petition.

4. Heard both sides.

5. Considering the above facts and circumstances, this Court directs the respondent to investigate the case and if any offence is made out as against the persons whose names have not included in the F.I.R, the respondent is directed to add them in the F.I.R within a period of three months from the date of the receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of.

04.05.2023 Internet: Yes Index: Yes/No Speaking/non-speaking order To

1. The Inspector of Police Central Crime Branch, Salem District

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

smn Crl.O.P.No.9887 of 2023 04.05.2023