← Library
Madras High CourtCRL OP/5441/2022allowed with direction

G.Rajasingh v. The State Represented By

2022-03-09Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5441of 2022 and Crl.M.P.No. 2971 of 2022 G.Rajasingh ... Petitioner/3rd Accused Vs.

1. State represented by Inspector of Police, V7 Nolambur Police Station, Mogappair, Eri Scheme, Mogappair East, Chennai - 600 037.

Crime No.850/2021 ...1st Respondent

2. S.Arun ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records in FIR No.850 of 2021 dated 12.10.2021 on the file of Nolambur Police Station, Mogappair East i.e., the first respondent herein and quash the First Information Report.

For Petitioner : Mr.D.Manimaran For Respondent 1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For Respondent 2 : No appearance

O R D E R

The Criminal Original Petition has been filed to call for the records in FIR No.850 of 2021 dated 12.10.2021 for the offence under Sections 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 on the file of Nolambur Police Station, Mogappair East i.e., the first respondent herein and quash the First Information Report.

2. Mr.D.Manimaran, learned counsel for the petitioner would submit that the petitioner is an innocent person and he had gone to the Spa only as a customer and on 12.10.2021, while he was in Spa, the 1st respondent has arrested the owner and he has falsely implicated the petitioner as one of the persons who was running the Spa. He would further submit that petitioner is a Senior Software Engineer and he has nothing to do with the alleged offence.

3.Learned Additional Public Prosecutor appearing for the first respondent would submit that the petitioner along with other two accused was running a Brothel home under the guise of running a Spa. He would further submit that the 1st respondent had conducted an inspection and had secured two victims and the two victims have stated that the petitioner along with two other accused was running the Spa and collected money from the customers. He would further submit that the investigation is at the initial stage.

4. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the first respondent.

5. The allegation leveled against the petitioner has got some impact on the culture of the society. The learned Additional Public Prosecutor submits that some evidence is available against the petitioner and the investigation is at the initial stage. Therefore, this Court is not inclined to quash the FIR in Crime No. 850 of 2021.

6. Accordingly, this criminal original petition is dismissed. Further, the 1st respondent police is directed to complete the investigation and to file final report before the concerned Court within a period of 3 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar nti/nr

To

1. The Inspector of Police, V7 Nolambur Police Station, Mogappair, Eri Scheme, Mogappair East, Chennai - 600 037.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Manimaran, Advocate SR.No.16377 Crl.O.P.No.5441 of 2022 SJ(CO) GMY(24/03/2022)