Bakyaraj v. The District Crime Branch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.08.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Criminal O.P. No. 16067 of 2019 and Criminal M.P. No.7186 of 2021

1. Bakyaraj

2. Balaraj

3. Premavathi

4. Jeevitha

...Petitioners

-Vs1. The District Crime Branch, Office of the Superintendent of Police, Krishnagiri District.

Crime No.11 of 2019

2. Deepa

...Respondents

This Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records in Crime No.11 of 2019 on the file of the first respondent Inspector of Police District Crime Branch, Krishnagiri District for the offence under Section 465, 468, 471, 420 & 506(i) of IPC and quash the same. For Petitioner : Mr. Emiliyas For Mr.V.Thillaikumar For Respondents : Mr. C.E.Pratap R1 Government Advocate Mr.A.Arun R2 M/s.Raj & Raj Associates

ORDER

This petition has been filed to quash the proceedings in Crime No.11 of 2019 on the file of the first respondent Inspector

of Police District Crime Branch, Krishnagiri District for the offence under Section 465, 468, 471, 420 & 506(i) of IPC.

2. The grounds raised by the counsel for the petitioners are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioners to raise all the grounds before the Investigating Officer and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 1st respondent Police.

3. It is now represented by the learned counsel appearing for the petitioners that this Court may direct the respondent police not to harass the unnecessary parties who have not connected with the alleged transactions. Except Bakyaraj, other petitioners (A2 to A4) have not connected with the alleged transaction. The learned counsel further submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible. 4.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in Cr.No.11 of 2019 and complete the same, within a period of six weeks from the date of receipt of a copy of this order and further the 1st respondent police is directed not to harass the accused 2 to 4, who have not connected with the alleged transactions. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rli

To

1. The District Crime Branch, Office of the Superintendent of Police, Krishnagiri District.

2. The Public Prosecutor, High Court of Madras.

Criminal O.P. No. 16067 of 2019 and Criminal M.P. No.7186 of 2021 KSM(CO) SB(01/11/2021)