Rupesh Kathari v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10695 of 2021 and Crl.MP.No.6376 of 2021 Rupesh Kothari ... Petitioner Vs.

1.State rep. By Inspector of Police, T-2, Ambattur Estate Police Station, Chennai crime No.117 of 2020 2.P.N.Ravichandran ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the case in crime No.117 of 2020 on the file of the Inspector of Police, T-2, Ambattur Estate Police Station, Chennai and to quash the same as against the petitioner. For Petitioner : Mr.S.Bharanidharan for Mr.A.P.Balaji For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side) For R2 : Mr.R.Kalyan Kishen Singh

ORDER

This criminal original petition has been filed to quash the proceedings in crime No.117 of 2020 on the file of the Inspector of Police, T-2, Ambattur Estate Police Station, Chennai registered for the offences under Sections 406, 465, 468 & 471 of IPC as against the petitioner and another. 2.

The case of the prosecution is that the 2nd Respondent bought a Hyundai 1-20 Elite Astra bearing registration number TN 10 AS 0874 from one, Sathianathan and he had given the original RC book and original insurance to one, Sadik Basha (A2) along with an amount of Rs.1,000/- for the purpose of changing the name of owner of the vehicle. After a period of one A2 was unreachable. The 2nd Respondent had approached concerned RTO Office and came to know that the vehicle is registered in favour of the petitioner by forging the signature in the Transfer of Ownership form. 3.

The learned Government Advocate(crl.side) appearing for the first respondent / police submitted that now the name of the petitioner has been deleted in the RC book and transferred in favour of the original owner of the vehicle.

4.

Therefore, there is nothing to proceed further. As such, the present proceedings is liable to be quashed. Accordingly, the entire proceedings in

crime No.117 of 2020 on the file of the Inspector of Police, T-2, Ambattur Estate Police Station, Chennai is quashed and this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. 06.10.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok

To

1. Inspector of Police, T-2, Ambattur Estate Police Station, Chennai 2.The Public Prosecutor, High Court of Madras CRL.O.P.No.10695 of 2021 06.10.2023