V. Aparna Abinai v. Manju
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.13661 of 2023 and Crl.M.P.No.8342 of 2023 V.Aparna Abinai
...Petitioner
Vs.
1.Manju 2.Inspector of Police R-1, Mambalam Police Station, Chennai, in Cr.No.64 of 2023
...Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records on the file of the respondent Police in Cr.No.64 of 2023 and quash the same.
For Petitioner : Mr.Rangalaparameswari For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to call for the records on the file of the respondent Police in Cr.No.64 of 2023 and quash the
same.
2.It is the submission of learned counsel for the petitioner that petitioner is an accused in Cr.No.64 registered for the offences under Section 403, 406, 420, 465, 471 and 120 B I.P.C. She further submitted that petitioner has just introduced the defacto-complainant to the second accused and she has no role in receiving the money said to have been paid by the petitioner. She is falsely implicated in this case and therefore, this petition.
3.The learned Government Advocate (Criminal side) submitted that only at the instance of petitioner and in the account provided to the petitioner, amount was deposited and receipt was also issued by the petitioner. Petitioner has a role in job racketing. Therefore, he prayed for dismissal of this petition.
4.Considered the rival submissions and perused the records.
5.It is seen from the allegations made in the First Information Report that petitioner has become friend of the defacto-complainant while she gave a dress for stitching in defacto-complainant's tailoring shop. The defacto-complainant's daughter Lavanyashri passed NEET exam. On knowing this and at about 11.00 a.m. on 05.01.2022, petitioner said to have informed the defacto-complainant that she knew one Ajai Rajagopal and through him she will secure medical seat to her daughter in Shri Ramachandra Medical College. For the said purpose, she demanded Rs.5,00,000/- as advance. Petitioner also sent account No.881001307487 DBS for transferring of amount through whatsapp number of defactocomplainant. Defacto-complainant sent a sum of Rs.5,00,000/- as directed. Petitioner said to have issued a receipt for sum of Rs.5,00,000/- through whatsapp.
When the defacto-complainant produced receipt at the college, she was informed that no one paid the amount as claimed. When defactocomplainant demanded petitioner about this, she said that she would make arrangements through Ajai for medical seat. So far, no medical seat was given and a sum of Rs.5,00,000/- paid was also not returned. She has also not paid the stitching charges of Rs.50,000/-.
petitioner is threatening.
6.The aforesaid allegations made in the First Information Report prima-facie, show the commission of cognizable offence by the petitioner. The allegations are necessarily to be investigated by the respondent Police for filing appropriate final report. In this view of the matter, this Court finds there is no merits in the petitioner seeking quashment of First Information Report in Cr.No.64 of 2023 on the file of the respondent Police.
7.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 21.06.2023 Index: Yes/No Speaking/Non speaking order ep
To 1.Inspector of Police R-1, Mambalam Police Station, Chennai, in Cr.No.64 of 2023 2.The Public Prosecutor, Madras High Court.
G.CHANDRASEKHARAN, J.
ep Crl.O.P.No.13661 of 2023 and Crl.M.P.No.8342 of 2023
21.06.2023