Madras High CourtCRL OP/11946/2023dismissed

Thulasidass v. The State Rep By

2023-06-06Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Thulasidass ... Petitioner Vs.

1. The Superintendent of Police, CBCID, Puducherry.

2. The Inspector of Police, CBCID Police Station, Puducherry - 605 013.

3. Praveen Alexzander ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records connected with Police Notice in No.65/SR/2023 dated 15.04.2023 on the file of the 2nd respondent police and to quash the same. For Petitioner : Mr.M.Ramesh Babu For R1 & R2 : Mr. Leonard Arul Joseph Selvam Government Advocate ( Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the entire records connected with Police Notice in No.65/SR/2023 dated 15.04.2023 on the file of the 2nd respondent police and to quash the same. 1/4

2. The learned counsel for the petitioner submitted that, on the same complaint allegations FIR in Crime No.520 of 2021 was registered by Periamet Police Station for the offence under Sections 294(b), 406, 419, 420 and 506(1) of IPC. Again, petitioner was asked to appear for enquiry vide Police Notice in No.65/SR/2023 dated 15.04.2023 on the file of the 2nd respondent police. Therefore, present petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, both the complaints are totally different complaints.

4. The perusal of the records shows that, FIR in Crime No.520 of 2021 was registered for the offence under Sections 294(b), 406, 419, 420 and 506(1) of IP, on the basis of the complaint given by one Gowtham S/o. Elumalai. Whereas, present notice was issued for enquiry, on the basis of the complaint given by one Praveen Alexzander. The said Praveen Alexzander gave a complaint alleging criminal misappropriation of Rs.2.8 crores in connection with the sale of gold. On the basis of this complaint, notice requiring to appear for enquiry was issued to the petitioner.

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5. In view of the submissions of the learned counsel appearing for the parties, this Court does not find any merits in this petition seeking quashment of the notice Police Notice in No.65/SR/2023 dated 15.04.2023 on the file of the 2nd respondent police.

6. Accordingly, this Criminal original Petition is dismissed. This Court directs the petitioner to comply with the notice requiring to appear for enquiry before the concerned Police Officer. 06.06.2023 sma To,

1. The Superintendent of Police, CBCID, Puducherry.

2. The Inspector of Police, CBCID Police Station, Puducherry - 605 013.

3. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

sma 06.06.2023 4/4