Madras High CourtCRL OP/24447/2014dismissed

Gomathi v. The Inspector Of Police

2016-01-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24447 of 2014 & M.P.No.1 of 2014 Gomathi ... Petitioner/Accused Vs

1. State, represented by The Inspector of Police, Entrustment Document Fraud Wing - 1, Central Crime Branch, Team-2, Chennai.

Crime No.498 of 2012.

... 1st Respondent/Complainant.

2. Khalid A.K.Buhari ... 2nd Respondent/Defacto Complainant.

This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.498 of 2012 on the file of the Inspector of Police, Central Crime Branch Team - 2, Entrustment Document Fraud Wing - 1, Chennai and quash the same as against the petitioner/6th accused.

For Petitioner : Mr.S.D.Venkateswaran For 1st Respondent : Mr.C.Emalias Additional Public Prosecutor For 2nd Respondent : Mr.R.Bharath Kumar for R2

O R D E R

This Criminal Original Petition has been to call for the records in Crime No.498 of 2012 on the file of the Inspector of Police, Central Crime Branch Team - 2, Entrustment Document Fraud Wing - 1, Chennai and quash the same as against the petitioner/6th accused.

2. The petitioner is the 6th accused in this case. The complaint was lodged by the second respondent for the offences under sections 408, 477A, 467, 468, 471 read with 120 (B) IPC. The said complaint was registered by the first respondent in Crime No.498 of 2012. To quash the same with regard to the petitioner, the present criminal original petition has been filed.

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3. However, I am of the considered opinion that the scope of Section 482 Cr.P.C. to quash the first information report is very limited, since the investigation is not yet completed. Hence, I am of the opinion that the present OP is a pre-mature one. However, the petitioner is at liberty to approach this Court after filing final report by the respondent police.

4. In fine, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy after filing of the final report. Consequently, the miscellaneous petition is closed.

vrc -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Entrustment Document Fraud Wing - 1, Central Crime Branch, Team-2, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.D.Venkateswaran, Advocate SR 1943 + 1 cc to Mr.R.Bharathkumar, Advocate SR 2045 ca(co) prk28/1 Crl.O.P.No.24447 of 2014 https://hcservices.ecourts.gov.in/hcservices/