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Madras High CourtCRL OP/20433/2020dismissed

I.P.Yesudoss v. The State Rep.By

2023-03-24Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24..03..2023 Coram THE HON'BLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.20433 of 2022 I.P.Yesudoss Founder of Aphro Trust, ..... Petitioner 1.The State Rep. by [Crime No.4 of 2015] 2.A.Amalorpava Mary, W/o Anandraj Leader Anbu Magalir Suya Udhavi Kuzhu, 1/80, Bharathi Nagar, 2nd Street, Palavakkam, Chennai 600099.

Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records in Cr.No.4 of 2015 on the file of the Inspector of Police, EOW-II, Chennai and to quash the same.

Crl.O.P.No.2605 of 2021 1.M/s.Aphro Trust Financial Services (P) Ltd., Rep. by its Managing Director, Mr.I.P.Yesudoss, Found of Aphro Trust, Vinayakapuram, Kathirvedu, Chennai 600099.

2.M/s.Aphro Association, Rep. by Mr.I.P.Yesudoss, No.24, V.M.K.Nagar, Vinayakapuram, 3.M/s.Chennai Managaratchi Reporter, Rep. by its Proprietor, Mr.I.P.Yesudoss, 4.Mr.I.P.Yesudoss, Found of Aphro Trust, ..... Petitioners 1.The State Rep. by [Crime No.4 of 2014] 2.D.Rajeswari

Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records in Cr.No.4 of 2014 on the file of the Inspector of Police, CCB, Unit-1, Egmore, Chennai and to quash the same.

Crl.O.P.No.3260 of 2021 I.P.Yesudoss, aged 44 years, Son of Panjanathan, Founder of Aphro Trust, .....Petitioner 1.The State rep. by C.C.B., Unit-1, Egmore, Chennai.

[Crime No.446 of 2012] 2.S.Ligoriya W/o Saravanan, Leader of Suya Udhavi Kuzhu, No.180, Gandhi Nagar, A-Block, Pallavan Road, Chennai 600 002.

Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the entire records in Cr.No.446 of 2012 on the file of the Inspector of Police, CCB, Unit-1, Egmore, Chennai, and to quash the same against the petitioner. For Petitioner(s) : Mr.I.P.Yesudoss Party - in - person in all OPs For Respondents : Mr.A.Damodaran, Addl. Public Prosecutor for R1 in all OPS No Appearance for R2 in all OPs

COMMON ORDER All these original petitions have been filed seeking to quash the First Information Reports registered by the 1st respondent on the basis of the complaint made by the depositors alleging that the petitioner(s) had received deposits but, did not make payment to them as per the terms of deposit.

2. Mr.I.P.Yesudoss, who appeared in person, submitted that he had already settled several depositors and he intends to settle the remaining depositors.

3. The learned Additional Public Prosecutor submitted that one of the cases pending against the petitioner in Cr.No.145 of 2018 was closed since the petitioner had made payments to the depositors.

4. On a reading of the impugned FIRs, this court finds that they are the matters to be investigated and the same cannot be quashed at this stage. If the petitioner-I.P.Yesudoss intends to settle the depositors, it is

always open for him to do so. These quash petitions cannot be kept pending for the said reason. The petitioners have not made out any valid ground for quashing the criminal proceedings and therefore, the original petitions are liable only to be dismissed.

In the result, the Criminal Original Petitions are dismissed. 24..03..2023 Index : yes / no : yes / no kmk To

1. The Inspector of Police, 2.The Inspector of Police, C.C.B., Unit-1, Egmore, Chennai.

3.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN.J kmk Criminal Original Petition Nos. 20433 of 2020, 2605 & 3260 of 2021 24..03..2023 1/2