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Madras High CourtCRL OP/13104/2022dismissed

Sankar v. Inspector Of Police

2022-06-29Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.13104 of 2022 & Crl.M.P.No.7027 of 2022

1. Sankar

2. Chinnamani Velan ... Petitioners Vs.

1. State Rep. by The Inspector of Police, EOW - II Police Station, Chennai.

2. Premkumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to Crime No.25 of 2021 pending on the file of the respondent police and quash the same as illegal, incompetent in so far as these petitioners are concerned.

For Petitioner : Mr.K.Suthan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor - R1

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.25 of 2021 on the file of the first respondent for the offences under sections 120B and 420 of IPC and Section 5 of the Protection of Interest of Depositors [In Financial Establishment] Act, 1997.

2. The criminal proceedings against the petitioners have been sought to be quashed mainly on the ground that the petitioners are no way connected with the company and they are neither employees nor Directors of the company at the relevant point of time and hence, seek to quash the First Information Report registered as against the petitioners.

3. A perusal of the First Information Report indicate that

there were huge money transactions and the accused are said to have collected deposits from various people and cheated them. In such view of the matter, when the First Information Report indicate prima facie allegations, it is premature to venture into the factual aspects. Hence, this Court is not inclined to quash the First Information Report at this stage.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vrc To,

1. The Inspector of Police, EOW - II Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.13104 of 2022 KV(CO) CT/22/07/2022