Madras High CourtCRL OP/14178/2024dismissed

Vijaya Lakshmi v. The State Rep By

2024-07-02Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.14178 of 2024 and Crl.M.P.No.8646 of 2024 Vijaya Lakshmi .... Petitioner

Versus

1. The State Rep. by The Inspector of Police, V-3, J.J.Nagar Police Station, Chennai.

(Crime No.311 of 2022)

2. Senthil Kumar .... Respondents Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. (a) to stay all further investigation of the case in Crime No.311 of 2022 on the file of the first respondent police pending disposal of the quash petition and (b) to call for the records of the case in Crime No.311 of 2022 on the file of the first respondent police and quash the same as against the petitioner.

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For Petitioner : Mr.R.Thamarai Selvan For 1st Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) - - - - -

ORDER

The petitioner herein, who is the second named accused in F.I.R No.311 of 2022 for alleging intimidation and threat is before this Court to quash the complaint on the ground that the complaint does not make out any criminal over tact against the petitioner.

2. A reading of the complaint indicates that the complainant Senthil Kumar had invested a sum of Rs.17,00,000/- with the petitioner herein and others. When the defacto complainant asked return of money, he was threatened by the petitioner and others. Hence, the complaint has been lodged.

3. The learned Government Advocate (Crl.Side) would state the the petitioner herein has threatened the defacto complainant Senthil Kumar -2-

after he lodged the complaint and murdered him and the case in Crime No.416 of 2022 has been registered against her and other accused.

4. In the light of the fact that the defacto complainant had made a complaint and he was killed the next day, it is clear that the threat was not an empty threat, but, was an intentional and the petitioner also successfully completed the murder of the defacto complainant. Hence, this Criminal Original Petition is dismissed.

02.07.2024 asi To

1. The Inspector of Police, V-3, J.J.Nagar Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai.

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DR.G. JAYACHANDRAN, J.

asi Crl.O.P.No.14178 of 2024 and Crl.M.P.No.8646 of 2024 02.07.2024 -4-