Cleena Creator v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.10804 of 2025 1.Cleena Creator 2.Anitha Creator ....

Petitioners Vs

1. State Rep by The Inspector of Police, J-7, Velacherry P.S.

Chennai.

2. Thanishka ....

Respondents PRAYER: Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and set aside the order passed by the learned XVIII Metropolitan Magistrate, at Saidapet, Chennai in Crl.M.P.no.14202 of 2024 in C.C.No.951 of 2024, dated 13.02.2025, dismissing the petition to discharge the petitioners from all the charges levelled against them in C.C.No.951 of 2024 on the file of the learned XVIII Metropolitan Magistrate, at Saidapet, Chennai. For Petitioner : Mr.F.Wellington For R1 :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed challenging the order dated 13.02.2025 passed in Crl.M.P.No.14202 of 2024 in C.C.No.951 of 2024, thereby dismissing the petition seeking discharge the petitioners from all the charges.

2. The petitioners have been charged with the offences punishable under Sections 415, 417 and 420 of IPC, based on the allegation that they were introduced to the second respondent through a family friend, falsely representing themselves as being engaged in overseas manpower consultancy, While being so, they borrowed a sum of Rs.20,00,000/- from the second respondent in order to develop their business. Subsequently, they received a sum of Rs.1,75,000/- from the second respondent along with his passport under the pretext of arranging employment for him in Portugal. Further they also received a huge money from several others on similar promises of overseas employment. However, the petitioners did not repay the amount and also failed to arrange the promised foreign employment.

3. The learned counsel appearing for the petitioners would submit that it is only a money transaction between the petitioner and the second respondent and all the allegations are civil in nature. However, the second

respondent has given a colour of criminality to the dispute by adding the allegations that the petitioners received money under the guise of arranging overseas employment and subsequently lodged a criminal complaint.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

5. A perusal of the statement of the second respondent recorded under Section 161 of Cr.P.C. reveals that there are sufficient materials to frame charges against the petitioners for the offences punishable under Sections 415, 417 and 420 of IPC. That apart, the Trial Court had already framed charges against the petitioners under Sections 415, 417 and 420 of IPC on 08.08.2024 itself. The preliminary questioning of the accused has also been completed. Therefore, the Trial Court rightly dismissed the discharge petition filed by the petitioners.

6. In view of the above, this Court finds no infirmity or illegality in the order dated 13.02.2025 passed in Crl.M.P.No.14202 of 2024 in C.C.No.951 of 2024. Accordingly, this Criminal Revision Case stands

dismissed. However, the Trial Court is directed to complete the trial within a period of twelve weeks from the date of receipt of a copy of this order. 13.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai

2. The Inspector of Police, J-7, Velacherry P.S.

Chennai.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp

13.06.2025