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Madras High CourtCRL OP/16524/2022disposed of

Roja Bose v. The Inspector Of Police

2023-11-23Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P. No.9575 of 2022

1. Roja Bose 2.Jayachandra Bose ... Petitioners -vs1.State rep. by the Inspector of Police, District Crime Branch, Coimbatore District.

Crime No.16 of 2012.

2.M.Sureshkumar

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.16 of 2012 on the file of the 1st respondent police and quash the same. For Petitioners : Mr.S.Sivakumar For Respondent No.1 :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1/4

ORDER

The petition is filed to quash the Crime No.16 of 2012 on the file of the first respondent police. The case of cheating promising job. Though the case was registered in the year 2012, investigation was completed in the year 2018, and filed final report on 23.05.2018 before the learned Judicial Magistrate No.I, Coimbatore. It appears that till date, the return made by the Registry of the learned Judicial Magistrate not been rectified and rebutted. Meanwhile, in the year 2023, the present petition to quash is filed by the petitioner.

2. The learned counsel appearing for the petitioners states that the parties are almost arrived at settlement. Therefore, the case has to be quashed.

3. This Court finds that there is material to show that dishonestly many has been cheated and if the parties want to compromise, then either they have to compound the offence or withdraw the complaint before the Police which is investigating the case.

4.As far as this case is concerned, after investigation completed and final report filed, it is the responsibility of the first respondent police to rectify the defects pointed out and represent the final report for further action. If any further materials collected, the same shall be enclosed along with the final Page No.2/4

report and complete it before the learned Judicial Magistrate for appropriate decision. This process shall be completed within a period of one month.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 23.11.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Inspector of Police, District Crime Branch, Coimbatore District.

2.The Public Prosecutor, Madras High Court, Madras.

Page No.3/4

Dr.G.JAYACHANDRAN,J.

rkp and Crl.M.P. No.9575 of 2022 23.11.2023 Page No.4/4