Ravi Shankar, Aged 62 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11793 of 2018 1.Ravi Shankar 2.Malayappan .. Petitioners Vs State by Inspector of Police C.S.C.I.D.

Patravakkam Ambattur, Chennai 53. .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C.to call for records and quash the First Information Report pending investigation in Cr.No.697 of 2010 on the file of Inspector of Police, C.S.C.I.D., Ambattur, Chennai, as an abuse of process of law.

For Petitioners : Mr.C.V.Kumar For Respondent : Mrs.Kritika Kamal, P., Government Advocate (Crl.Side)

O R D E R

This petition has been filed to call for records and quash the First Information Report pending investigation in Cr.No.697 of 2010 on the file of Inspector of Police, C.S.C.I.D., Ambattur, Chennai, as an abuse of process of law.

2. It is the case of the prosecution that on the complaint lodged by the Assistant Commissioner, Tamil Nadu Civil Supplies Corporation, the respondent police have registered a case in Cr.No.697 of 2010 under Section 6(2)(3) of the TNSC (RDCS) Order 1982 r/w Section 7(1)(a) (ii) of the Essential Commodities Act, 1955 against the petitioners.

3. In the complaint, it is alleged that these petitioners had diverted PDS items like rice, sugar, kerosene, wheat, maida, etc., by fabricating bills and had caused a loss of Rs.20,128/-.

4. Learned counsel for the petitioners submitted that the petitioners had made good the loss, which submission is https://hcservices.ecourts.gov.in/hcservices/

fortified by Receipt Nos.43029 and 43030 dated 26.10.2007 issued by the TUCS Ltd., enclosed in the typed set of papers.

5. The respondent police have filed a counter, wherein, they have stated as follows:

"7. I submit that in order to complete the investigation, the respondent has to do the following:

- more witnesses have to be examined.

- awaiting for documents from the authorities concerned.

Only after completion of the above, I will be able to proceed further and lay a final report in accordance with law. For the reasons stated above, the case is under investigation."

6. In view of the above, when there are prima facie materials in the FIR, the same cannot be quashed at the threshold. However, the respondent police are directed to complete the investigation in Cr.No.697 of 2010 and either file a closure report or a final report, as the case may be, within a period of three months from the date of receipt of a copy of this order.

With the above direction, these petitions are closed. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar gms To 1.The Inspector of Police C.S.C.I.D. Patravakkam Ambattur, Chennai 53.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.V.Kumar, Advocate SR.No.38127 Crl.O.P.No.11793 of 2018 GN(28/06/2018) https://hcservices.ecourts.gov.in/hcservices/