Rajesh Kumar @ Duvvada Rajesh Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.Nos.8025 & 8026 of 2021 Rajesh Kumar @ Duvvada Rajesh Kumar ... Petitioner

Versus

1. The Inspector of Police, Central Crime Branch, Thiruppur.

2. S.V.Shanmugam

3. Mathiyazhagan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.988 of 2017 on the file of learned Judicial Magistrate No.III, Thiruppur and quash the same.

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For Petitioner :

Mr.C.Muthusaravanan For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Mr.R.Gandhi for R2 and R3

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.988 of 2017 on the file of learned Judicial Magistrate No.III, Thiruppur.

2. Heard both sides.

3. Today when the matter taken up for hearing, the learned counsel for petitioner would submit that he is ready to settle the issue, however the learned counsel for 2nd respondent would submit that inspite of several opportunity, the matter was not settled. The learned Government Advocate also replied that already trial was begun and P.W.1 was examined and for examination of other witnesses, the trial is pending. Page No.2 of 4

4. On perusal of records, it reveals that the petitioners were charged with for an offence under Sec. 406, 417, 420, 468, 471 and 120(B) of I.P.C. as if they have cheated 2nd respondent/defacto complainant and the amount was involved in this case is more than Rs.1 crore. Therefore, detailed investigation is required and it cannot be decided as it is a case of abuse of process of law without any sufficient materials. Therefore, this Court is not inclined to quash the proceedings. Accordingly, this Criminal Original Petition is dismissed as no merit. Consequently, connected Criminal Miscellaneous Petitions are closed. 10.01.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, Central Crime Branch, Thiruppur.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rpp CRL.O.P.No.14788 of 2021 10.01.2024 Page No.4 of 4