Sivashankaran, M/A 25 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.12669 of 2018 and Crl.M.P.No.6831 of 2018 Sivashankaran .. Petitioner Vs State By:

1.The Inspector of Police R-10, M.G.R.Nagar Police Station Chennai.

2.Satheesh .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to FIR in Cr.No.74 of 2018 on the file of the respondent police and quash the same.

For Petitioner : Mr.G.Ashok Kumar For R1 : Mrs.Kritika Kamal, P.

Government Advocate [Crl.Side]

O R D E R

This petition has been filed to call for the records pertaining to FIR in Cr.No.74 of 2018 on the file of the respondent police and quash the same.

2. On the complaint lodged by Satheesh, the respondent police have registered a case in Cr.No.74 of 2018 on 14.02.2018 under Sections 406 and 420 IPC against one Ranganathan. It is the case of Satheesh that he is the Manager of M/s Ashok Enterprises dealing with pharmaceutical products; that Ranganathan was appointed as salesman in M/s Ashok Enterprises and that he had misappropriated huge amounts by collecting monies from the purchasers and not remitting the same to the employer; that Ranganathan was arrested and in his confession statement, he has implicated the petitioner herein, inasmuch as the petitioner and Ranganathan had colluded in cheating the de facto complainant. Thus, https://hcservices.ecourts.gov.in/hcservices/

when there are prima facie materials appearing against the petitioner, it is too premature to quash the entire prosecution. However, the respondent police is directed to proceed with the investigation and during investigation, if it is found that the petitioner was not involved in the offence, it is needless to state that, further action against the petitioner shall be dropped. With the above direction, this petition is closed. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Inspector of Police R-10, M.G.R.Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12669 of 2018 SSI(CO) KP(11/05/2018) https://hcservices.ecourts.gov.in/hcservices/