Madras High CourtCRL OP/9221/2011dismissed

Chitra v. The State Rep By

2016-10-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.9221 of 2011 and MP.No.1 of 2011 1.Chitra 2.Vasanthi .. Petitioners/Accused 1 to 3 Vs 1.State, rep. by The Inspector of Police, District Crime Branch, Vellore.

2.Samundeswari .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in Cr.No.38 of 2010 on the file of the respondent police and to quash the same as illegal and unjust.

For Petitioners: Mr.D.J.Venkatesan For Respondents : Mr.C.Emalias [for R1] Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been praying to quash the FIR in Crime No.38 of 2010 on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police.

3. On the complaint lodged by Samundeeswari, the respondent police have registered a case in Crime No.38 of 2010 on 26.08.2010 for the offences under Sections 420, 560 (ii) IPC as against Chitra and seven others, challenging which, Chitra (A1) and Vasanthi (A3) are before this Court.

4. On a reading of the complaint which forms the basis of the FIR, it is alleged by the de facto complainant that Chitra and other accused collected huge sum of money from various persons in that area in connection with chit transactions, and thereafter, they did not repay the amount, but went into abscondence.

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5. It is seen that totally five persons have been cheated to a total tune of Rs.1,09,20,000/-. Since the FIR discloses commission of cognizable offence, the same cannot be quashed in the light of the law laid down by the Hon'ble Supreme Court in Bajanlal Vs. State of Haryana [AIR 1992 SC 604]

6. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To:

1.The Inspector of Police, District Crime Branch, Vellore.

2.The Public Prosecutor High Court, Madras.

ala(co) krd 23/11 Crl.OP.No.9221 of 2011 https://hcservices.ecourts.gov.in/hcservices/