Ravindran v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.R.C.No.1292 of 2013 AND CRL.O.P.No.26996 of 2013 CRL.R.C.No.1292 of 2013 Ravindran Manager-New Store Operation M/s.Country Chicken Private Limited 61, Valluvarkottam High Road Nungambakkam Chennai-6 .. Petitioner/A-5 Vs 1.The State Rep. by Sub-Inspector of Police Coimbatore .. 1st Respondent 2.S.Suresh .. 2nd Respondent/ De facto complainant Criminal Revision preferred under Section 397 read with 401 Cr.P.C. to call for the records and set aside the order dated 23.04.2013 passed by the Judicial Magistrate No.I, Coimbatore in C.M.P.No.1832 of 2013, and the FIR No.38 of 2013 Pending on the file of Sub Inspector of Police, City Crime Branch, Coimbatore.
For Petitioner : Mr.A.Harikarthik for M/s.Kochhar & Co For 1st Respondent : Ms.P.Kritika Kamal Govt. Advocate (Crl. Side) For 2nd Respondent : Mr.P.Gopinath for Mr.S.V.Pravin Rathinam CRL.O.P.No.26996 of 2013 1.M/s.Country Chicken Private Limited Office at 61, Valluvarkottam High Road Nungambakkam, Chennai-6
2.Peter Austin Chairman - Country Chicken Private Limited 61, Valluvarkottam High Road Nungambakkam, Chennai-6 3.Craig J.Baker Production Manager Country Chicken Private Limited 61, Valluvarkottam High Road Nungambakkam, Chennai-6 .. Petitioners/ A1 to A3 Vs 1.The Sub-Inspector of Police Coimbatore City .. 1st Respondent 2.S.Suresh .. 2nd Respondent/ De facto complainant Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in F.I.R.No.38/2013 registered by the City Crime Branch, Coimbatore and to quash the F.I.R and all proceedings relating thereto. For Petitioners : Mr.A.Harikarthik for M/s.Kochaar & Co For 1st Respondent : Ms.P.Kritika Kamal Govt. Advocate (Crl. Side) For 2nd Respondent : Mr.P.Gopinath for Mr.S.V.Pravin Rathinam C O M M O N O R D E R For the sake of convenience, the parties will be referred to by their name.
2.One Suresh filed Crl.M.P.No.1832 of 2013 in the Court of the Judicial Magistrate No.I, Coimbatore, under Section 156(3) Cr.P.C., in which, the learned Magistrate, by order dated 23.04.2013, directed the City Crime Branch, Coimbatore, to register a case and investigate. Challenging the said order dated 23.04.2013, Ravindran, one of the proposed accused, has filed Crl.R.C.No.1292 of 2013 under Section 397 read with 401 Cr.P.C.
3.Pursuant to the directions of the Magistrate, the City Crime Branch, Coimbatore registered a case in Crime No.38
of 2013 on 27.06.2013 under Section 418 and 420 IPC against five accused, named in the complaint. M/s.Country Chicken Private Limited and two others, who have been shown as accused in Crime No.38 of 2013, have filed Crl.O.P.No.26996 of 2013 under Section 482 Cr.P.C. for quashing the F.I.R. 4.The issue involved in the criminal revision and criminal original petition being intertwined, they are considered and decided by this common order.
5.Today, when these matters were taken up for hearing, learned Government Advocate (Crl. Side) submitted that the investigation in Crime No.38 of 2013 was completed and the case has been closed as "mistake of fact" on 20.11.2014 and the R.C.S. notice No.5 of 2015 was also served on the de facto complainant.
In view of the above, both Crl.R.C.No.1292 of 2013 and Crl.O.P.No.26996 of 2013 are dismissed as infructuous. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gya To 1.Judicial Magistrate Court No.I Coimbatore
2. The Sub-Inspector of Police Coimbatore City 3.The Public Prosecutor High Court Madras.
+1cc to Mr.S.V.Pravin Rathinam, Advocate SR.15155 CRL.R.C.No.1292 of 2013 AND CRL.O.P.No.26996 of 2013 PM(CO) CB(18/03/2020)