Anthony Johnson Prabu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM:

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN and Crl.MP. No.8242 of 2019 Anthony Johnson Prabu ... Petitioner Vs.

1.Inspector of Police, CCB Coimbatore Police Station, Coimbatore-641 018.

Cr.No.15 of 2019 2.C.Anbarasu ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.15 of 2019 pending on the file of the Inspector of Police (CCB), Coimbatore Police Station, Coimbatore and quash the same.

For Petitioner : Mr.S.Arunkungumaraj For R1 : Mr.N.S.Suganthan Government Advocate, (Crl.Side) For R2 : No appearance

O R D E R

This petition is filed to quash the criminal complaint under investigation pursuant to the information given by the Branch Manager, M/s.CMS Info Systems Limited, Coimbatore. 2.The crux of the complaint is that M/s.CMS Info System is a 1/4

Company involved in replenishing cash in ATM Machine of the Bank. One Rajkumar @ Raja, S/o.Paneer was engaged to replenish cash in the ATM Bank and found misappropriated a sum of Rs.56,63,300/- by using duplicate key and this theft came to notice on 13.02.2019. A case was registered and from the information given by said P.Rajkumar @ Raja, the present petitioner been arrested. 3.According to the petitioner, there was an animosity between A1 and the petitioner while A1 was working under the petitioner. To settle the score, A1 has falsely implicated this petitioner. 4.However, learned Government Advocate appearing for the State submitted that the confession statement of the petitioner himself discloses the scheme of conspiracy, engaged between A1 and A2.

5.On perusing the documents, this Court, instructed the Commissioner of Police, Coimbatore to make a request for transferring all the connected cases to CBCID to further investigation to enable all 2/4

cases of similar nature. Pursuant to the said instruction, proposal has been sent.

6.For the purpose of considering this petition filed under Section 482 of the Cr.PC. to quash the complaint, this Court, on perusing the record, particularly, the confession statement of A1 as well as A2, the petitioner herein, finds that it is not a fit case to quash the investigation, based on the statements made by the petitioner herein by way of this petition filed under Section 482 Cr.PC.

7.It is for the Investigating Officer to probe into the matter and find out the true fact and file a final report. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

08.11.2022 vga Index:yes/No 3/4

Dr.G.JAYACHANDRAN,J.

vga To 1.The Inspector of Police, CCB Coimbatore Police Station, Coimbatore-641 018.

2.The Public Prosecutor, High Court, Madras.

and Crl.MP. No.8242 of 2019 08.11.2022 4/4