Krishnan Alias Sudharshan v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.11085 of 2025 Krishnan @ Sudharshan ....
Petitioner Vs The State, Inspector of Police, CBCID Police Station, Puducherry.
....
Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and set-aside the order dated 23.04.2025 passed in M.P.No.02 of 2025 in C.C.No.858 of 2024 on file of the Chief Judicial Magistrate, Puducherry and allow this Criminal Revision Petition.
For Petitioner : Mr.K.Sasindran For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry)
O R D E R
This Criminal Revision has been filed challenging the order dated 23.04.2025 passed in M.P.No.02 of 2025 by the Chief Judicial Magistrate, Puducherry, thereby dismissing the petition seeking discharge
of the petitioner from the charges.
2. The petitioner is arrayed as A3. The case of the prosecution is that all the accused persons conspired together and received a sum of Rs.2.50 Crores from several victims in order to arrange loan to them. Thereafter, they failed to secure any loan and also refused to return the amount. Hence, the accused were charged for the offences punishable under Sections 406 and 420 read with Section 34 of IPC.
3. The learned counsel appearing for the petitioner submitted that the petitioner lodged a complaint only as against A1 and A2, alleging that they had received huge money from him and cheated him. However, the first respondent, after completion of investigation, filed a final report implicating the petitioner as one of the accused. He further submitted that the petitioner is himself a victim and did not receive or utilize even a single paise from the amounts alleged to have been collected from the victims. Therefore, no prima facie case is made out against the petitioner.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. A perusal of the records reveals that, admittedly, the
petitioner only received huge money from several victims. Though the said money was handed over to A1 and A2, the statements recorded from the victims clearly indicate that the petitioner had assured them that he would arrange loans through A1 and A2. By making such false assurances, the petitioner dishonestly induced the victims and received huge money. Therefore, a prima facie case is made out for framing charges against the petitioner for the offences under Sections 406 and 420 read with Section 34 of IPC. Therefore, the Trial Court rightly dismissed the petition seeking discharge of the petitioner from the charges.
6. In view of the above, this Court finds no infirmity or illegality in the order dated 23.04.2025 passed in M.P.No.02 of 2025 by the Chief Judicial Magistrate, Puducherry. Accordingly, this Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed.
19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Chief Judicial Magistrate, Puducherry.
2. The Inspector of Police, CBCID Police Station, Puducherry.
3. The Public Prosecutor, High Court, Madras.
19.06.2025