Jk Jewellery Jayakumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14486 of 2015 and M.P.No.1 of 2015 JK Jewellery Jayakumar

...Petitioner/(4th Accused)

Vs 1.State rep by Inspector of Police, District Crime Branch, Anti Land Grabbing Special Cell, Tiruppur.

2.Uma Maheswari ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the FIR in Crime No.15 of 2012 on the file of the 1st respondent police as against the petitioner/4th accused namely JK Jewellery Jayakumar. For Petitioner : Mr.N.Baaskaran For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]

O R D E R

Seeking a prayer to quash the FIR in Crime No.15 of 2012 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. This is a petition seeking to quash the FIR in Crime No.15 of 2012 which has been registered against six persons for the offences under section 406, 419, 420, 467, 468, 471 and 120[b] IPC. On a reading of the FIR, it is seen that there are sufficient materials available for the investigation to proceed. The Hon'ble Supreme Court in State of Haryana Vs Bhajan Lal 1992 Supp [1] SCC 335 has laid down the parameters for quashing the FIR and the FIR in this case does not pass the test laid down in the said case.

4. At this juncture, the learned counsel for the petitioner submitted that in the proceedings before the Debt Recovery Tribunal [DRT], Coimbatore in O.A.No.155 of 2007, there is a finding by the https://hcservices.ecourts.gov.in/hcservices/

Tribunal that this petitioner is an innocent purchaser of the property and the property was purchased from the mother of the defacto complainant.

5. The petitioner is directed to submit a copy of the DRT order to the Investigating Officer and the Investigating Officer shall also thoroughly investigate the case, in order to find out, if really the petitioner is an innocent purchaser. If the Investigating Officer find that the petitioner is an innocent purchaser, then he will have to be naturally excluded from the Final Report.

6. With the above observation, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, District Crime Branch, Anti Land Grabbing Special Cell, Tiruppur.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr. N. Baskaran, Advocate Sr.29427 CRL.OP.No.14486 of 2015 MG(CO) EU 26.05.15 https://hcservices.ecourts.gov.in/hcservices/