Madras High CourtCRL OP/23523/2015closed

R. Kumar v. State Rep By

2015-09-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23523 of 2015 and M.P.No.1 of 2015 R.Kumar .. Petitioner Vs State represented by

1. The Inspector of Police, District Crime Branch, Chennai.

2. A.Seethalakshmi .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.38 of 2014 on the file of the Inspector of Police, District Crime Branch, Tiruvallur and quash the same.

For Petitioner : Mr.P.Vasudevan For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1

ORDER

This petition is filed to quash the F.I.R. in Crime No.38 of 2014 on the file of the Inspector of Police, District Crime Branch, Tiruvallur.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

3. It is seen that on a complaint lodged by A.Seethalakshmi, the respondent police have registered a case in Crime No.38 of 2014 under Sections 420 IPC against four accused. Challenging which, the 3rd accused is before this Court on the ground that the petitioner/A3 was merely a broker and that he had not received any money in the transaction from the defacto complainant. It is seen that this petitioner/A3 has been granted anticipatory bail and therefore, there is no imminent possibility of he being arrested. Since the FIR https://hcservices.ecourts.gov.in/hcservices/

discloses the commission of cognizable offence, it cannot be quashed when the investigation is at a very nascent stage. However, the respondent police is directed to dispassionately conduct the investigation and during the course of investigation, if it is found that this petitioner has acted as merely a broker and had not connived with the other accused, it is needless to say that his name shall be deleted from the final report.

With the above observation, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. vsm s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, District Crime Branch, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.D.Ramesh Rai, Advocate SR 51139 kk(co) prk7/10 Crl.OP No.23523 of 2015 https://hcservices.ecourts.gov.in/hcservices/