Mrs.Padmavathi, v. State Rep. By
IN THE HIGH COURT OF JUDICATUE AT MADRAS
RESERVED ON : 09.05.2018 PRONOUNCED ON : 16 .05.2018
CORAM
THE HONOURABLE TMT.JUSTICE S.RAMATHILAGAM Crl O.P. No.13263 of 2018 and Crl.M.P. No.7005 of 2018 Padmavathi ... Petitioner/ Accused No.1
Versus
1. State Rep. by Inspector of Police, R5, Virugambakkam Police Station, Chennai - 600 092.
2. John Stephen ... Respondents/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records culminating the FIR No.266 of 2018 on the file of the Inspector of Police, Virugambakkam Police Station, Chennai alleging offences under Sections 387, 451, 341, 342 and 506 (1) of the Indian Penal Code, dated 21.04.2018 and quash the same.
For Petitioner : Mr.S. Sivaraman For Respondents : Mrs.P.Kritikakamal, Government Advocate (Crl. Side) for R1
ORDER
The petitioner has filed this petition to call for records culminated in FIR No.266 of 2018 on the file of the Inspector of Police, Virugambakkam Police Station, Chennai, under sections 387, 451, 341, 342 and 506 (1) of the IPC.
2. Heard both sides and perused the records.
3. Based on the complaint given by one John Stephen alleging that the petitioner along with others have created forged documents, as though they have given the distribution right by the de-facto complainant viz., John Stephen, the first
respondent has registered the FIR under sections state above in Crime No.266 of 2018. Hence the petitioner has prayed to quash the said FIR registered by the Inspector of Police, Virugambakkam, Chennai.
4. The petitioner has further stated that the second respondent Owns a company by name M/s.Steeves Corner and he is producing a film, starring actors G.V. Prakash and Vadivel in the year 2016 and he also requested the petitioner's son to distribute the film for Chennai area. The second respondent received an initial amount of Rs.10,00,000/- by way of transfer from the petitioner's son bank account. Further when the said film was not completed, the second respondent agreed for a mutual arrangement and executed an agreement dated 13.02.2018. But on 01.05.2018, the first respondent police picked up Mr.Ramesh, who was the Mediator between the petitioner and the second respondent.
Further, this petitioner was also taken by two lady constables for enquiry and this petitioner was forced to sign a letter, addressed to the President, Chenglapattu Distributor's Association stating that the agreement, dated 13.02.2018 was entered between the petitioner and the second respondent has withdrawn.
5. It is argued by the prosecution that after proper enquiry the respondent police has registered the case and the investigation is pending. It is for the prosecution to investigate and to find out the real case.
6. Considering the nature of offence and the pendency of the investigation, the relief sought for, by the petitioner for quashing the FIR is dismissed.
Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (Rules) /true copy/ Sub Asst. Registrar vsi2 To
1. The Inspector of Police, R-5 Virugambakkam Police Station, Chennai
2. The Public Prosecutor, High Court, Madras - 104.
+1cc to Mr.S.Sivaraman, Advocate, S.R.No.33658 Pre-Delivery Order in Crl O.P. No.13263 of 2018 SR(CO) RRK(17/05/2018)