Murugesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and Crl.M.P.No.5045 of 2024 Murugesan .. Petitioner Vs.

1.State by Inspector of Police, CCB, Team - II, Vepery, Chennai - 600 007.

2.Gopala Krishnan .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.74 of 2023, on the file of the Inspector of Police, CCB, Team - II, Vepery, Chennai and quash the same.

For petitioner :

Mr.K.Balu For R1 :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking interference with further 1/4

investigation in Crime No.74 of 223 on the file of the Inspector of Police, CCB, Team - II, Vepery, Chennai.

2.It is the case of the petitioner that the petitioner is a builder and is running a proprietary firm called M/s. Nivetha Construction at Mogappair. The defacto complainant who is incidentally the 2nd respondent herein had purchased a flat for a sum of Rs.54 lakhs and paid a sum of Rs.9,62,000/- as advance. It is stated that thereafter he paid the entire sale consideration and document also been registered on 31.08.2012 in the Konnur Sub Registrar Office, Villivakkam, It is stated that in the year 2020, the petitioner herein had forwarded the builder agreement, the plan approval and parent documents. 3.It is stated that it is the case of the defacto complainant that when questioned about deviation of the construction, the petitioner herein had threatened the defacto complainant. Owing to various other issues, a private complaint has been originally lodged before the 1st respondent and that came to be closed. Thereafter, the 2nd respondent filed an application under Section 156(3) of Cr.PC. and obtained necessary 2/4

orders. FIR in Crime No.74 of 2023 has been registered under Section 420 of IPC.

4.It must be kept in mind that any offence under Section 420 of IPC is compoundable in nature. Be that as it may, it is now represented that on completion of investigation, final report has also been filed before the learned Judicial Magistrate No.I, Poonamallee, on 22.11.2023, but the same has not been taken cognizance by the learned Judicial Magistrate No.I, Poonamallee. I would give liberty to the petitioner that if and when summons are received to appear before the learned Judicial Magistrate, if required, take up the further proceedings seeking discharge.

5.Giving that liberty, this Criminal Original Petition stands closed. Consequently, the connected Miscellaneous Petition is closed. 22.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

C.V.KARTHIKEYAN, J.

krk To 1.State by Inspector of Police, CCB, Team - II, Vepery, Chennai - 600 007.

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

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