Maheshwari v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.6426 & 7197 of 2022 1.Maheshwari 2.Dharmalingam ...

Petitioners in both Crl.O.P.

/vs/ 1.State Rep.by Inspector of Police, District Crime Branch, Vellore - 632 009.

...

1st respondent in both Crl.O.P.

2.Tamil Selvi ...

2nd respondent in Crl.O.P.No.11205/2022 2.K.Malarkodi ...

2nd respondent in Crl.O.P.No.13432/2022 PRAYER : The Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records in crime Nos.13 & 17 of 2021 pending investigation on the file of the 1st respondent and quash the same as against the petitioners.

For Petitioners ... Mr.K.Balu in both Crl.O.Ps.

For Respondent No.1 ... Mr.S.Udaya Kumar in both Crl.O.Ps.

Government Advocate (Crl.side)

COMMON ORDER To quash the FIR in Crime Nos.13 & 17 of 2021 pending investigation on the file of the 1st respondent, the present criminal original petitions have been filed.

2.It is stated that money transactions between the petitioners and defacto complainant, a false complaint has been given as if the petitioners committed offence of breach of trust and cheating suppressing the fact that suit pending on the file of the District Munsif, Vellore in O.S.No.169 of 2021.

3.On perusal of the plaint indicates that it is only a bare injunction suit in any event the matter for investigation cannot be quashed. Accordingly, the criminal original petitions are dismissed. Consequently, connected miscellaneous petitions are closed. Index : Yes/No 18.10.2023 Internet : Yes/No sms

To 1.Inspector of Police, District Crime Branch, Vellore - 632 009.

2.The Public Prosecutor, High Court, Madras.

G.JAYACHANDRAN,J.

sms and Crl.M.P.Nos.6426 & 7197 of 2022 18.10.2023