S.Krishnan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.14940 of 2022 S.Krishnan ... Petitioner Vs.

1.The State rep. by The Inspector of Police Bhuvanagiri Cuddalore District.

(Crime No.123 of 2019) 2.K.Maruthai ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.123 of 2019 on the file of the respondent No.1 and quash the same as illegal as against this petitioner (A5) concerned. For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 : Mr.R.Sanakara Subbu for R2 Page No.1 of 4

O R D E R

This Criminal Original Petition filed is under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.123 of 2019, registered for the offence u/s.120B, 420, 465, 406 I.P.C. on the file of the respondent No.1 and quash the same as illegal as against the petitioner viz. A5 is concerned. 2.The petitioner herein is arrayed as A5. The crux of the allegation is that due to business transactions, cheques were handed over to A2 and A2 with the help of other accused manipulated the accounts and claimed some amount, thereby, F.I.R came to be registered. Though in the F.I.R. it is stated that a sum of Rs.60,000/- is also liable to be paid by this petitioner, no other allegation is made out as against this petitioner. 3.Today, the defacto complainant is present before this Court identified by Mr.Sankarasubbu, the learned counsel for the defacto complainant. The petitioner herein viz. A5 also present and his identification is also not disputed by the Investigation Officer. The Page No.2 of 4

defacto complainant filed an affidavit dated 30.06.2022 stating that he has no objection in quashing the proceedings as against the petitioner / A5 herein, as A5 was not aware of the crime and no way connected with the said offence and the proceedings against him shall be quashed. 4.The above submissions of the defacto complainant is recorded and the affidavit filed by him is taken on record. The very allegations in the F.I.R. itself is not against the petitioner. F.I.R. was mainly targeted against A1 and A2. When that being the case, continuing the investigation against A5 will not serve any purpose. 5.The F.I.R. registered in Crime No.123 of 2019, for the offence u/s.120B, 420, 465, 406 I.P.C. on the file of the respondent No.1 in respect of the the petitioner viz. A5 alone is quashed accordingly. The investigation shall continue in respect of other accused. 5.In the result, the Criminal Original Petition is disposed of. 30.06.2022 kas Page No.3 of 4

N.SATHISH KUMAR, J.

kas To 1.The Inspector of Police Bhuvanagiri Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

Chennai - 600 104.

CRL.O.P.No.14940 of 2022 30.06.2022 Page No.4 of 4