Mr.Ramasubbu v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.Nos.13590, 13591 & 13592 of 2011 and MP.Nos.1, 1 & 1 of 2011 Ramasubbu ... Petitioner in Crl.OP.13590 of 2011/A3 Ramanathan ... Petitioner in Crl.OP.13591 of 2011/A2 P.Ranganathan ... Petitioner in Crl.OP.13592 of 2011/A1 Vs.

Union Territory of Puducherry Rep. by Inspector of Police, C.I.D. Police Station, Puducherry.

... Respondent in Crl.OPs.13590 to (Crime No.14 of 2010) 13592 of 2011/Complainant PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C to call for the records in Crime No.14 of 2010 dated 20.11.2010 on the file of the Inspector of Police, C.I.D. Police Station, Puducherry and quash the entire proceedings in so far as the petitioner.

For Petitioner : Mr.T.Ravi (in Crl.OP.No.13590 of 2011) : Mr.P.Dinesh Kumar (in Crl.OP.No.13591 of 2011) : Mr.C.R.Malarvannan (in Crl.OP.No.13592 of 2011) For Respondent : Mr.M.R.Thangavelu Additional Public Prosecutor (Pondicherry) (in Crl.OPs.13590 to 13592 of 2011)

C O M M O N O R D E R These criminal original petitions have been filed to call for the records in Crime No.14 of 2010 dated 20.11.2010 on the file of the Inspector of Police, C.I.D. Police Station, Puducherry and quash the entire proceedings insofar as the petitioners are concerned.

2. Heard the learned counsel appearing for the petitioners and learned Additional Public Prosecutor (Pondicherry) appearing for the respondent.

3.

On the complaint lodged by one Sundaram, the T.R.Pattinam, Karaikal police registered a case in Crime No.23 of 2011 on 02.02.2011 under Sections 420, 120B r/w 34 IPC against Ganapathy and Ranganathan, challenging which Ranganathan and Ganapathy filed Crl.OP.Nos.6785 & 6786 of 2011, which came to be dismissed by this Court on 17.07.2012.

4. Sundaram's wife Kasthuri lodged a complaint, based on which the CID, Puducherry have registered a case in Crime No.14 of 2010 on 20.11.2010 under Sections 468, 471, 420 & 511 r/w 34 IPC against Ranganathan, Ramanathan and Ramasubbu challenging which, the accused have filed the present three quash petitions.

5. Learned counsel appearing for the accused submitted that the de-facto complainant in Crime No.23/2011 is none other than the husband of Kasthuri, the de-facto complainant in Crime No.14 of 2010. He further submitted that both husband and wife are making false complaints against the petitioners herein.

6. Per contra, learned Additional Public Prosecutor, Puducherry refuted the allegations.

7. On a reading of the FIR in Crime No.23/2011 registered by T.R.Pattinam police, it is seen that Sundaram has alleged that the accused had issued a legal notice dated 27.08.2008 alleging that Sundaram had borrowed Rs.5 lakhs on 26.11.2006, whereas, Sundaram had not borrowed any money.

8. On a reading of the FIR in Crime No.14 of 2010, it is seen that Kasthuri has alleged that the accused herein had forged the signature of her husband Sundaram in two cheques and attempted to withdraw money from his account.

9. Since, there are prima facie materials in the complaint given by Kasthuri, the same cannot be quashed.

10. Learned Additional Public Prosecutor submitted that apart from these two cases, there is one other case in Crime No.33 of 2011 that is. pending on the file of the T.R.Pattinam Police Station and therefore if all the three cases are directed to be investigated by T.R.Pattinam police, it will be easier for the police, to find out the truth in each of the FIRS.

11. Accepting the submission, this Court transfers the investigation in Crime No.14 of 2010 from the file of CID Police Station, Puducherry to the file of T.R.Pattinam Police Station, Karaikal District to be investigated along with other cases (Cr.Nos.23/2011 & 33/2011).

The Inspector of Police, Puducherry, CID is directed to hand over the case diary in Crime No.14 of 2010 to the Inspector of Police, T.R.Pattinam Police Station within four weeks from the date of receipt of a copy of this order. The Inspector of Police, T.R.Pattinam Police Station is directed to conduct a thorough investigation and if the petitioners are innocent, it is needless to state that the case against them shall be closed.

With the above directions, these petitions are closed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police, C.I.D. Police Station, Puducherry.

2. The Inspector of Police T.R.Pattinam Police Station, Karaikal.

3. The Public Prosecutor, Puducherry.

+3cc's to Mr.N.Mohideen Basha, Advocate, S.R.Nos.62035 to 62037 +1cc to the Government Pleader,Puducherry, S.R.No.62300 Crl.O.P.Nos.13590 to 13592 of 2011 ALA(CO) CA(28/11/2016)