R.Kirubakaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18489 of 2021 and Crl.M.P.No.10139 of 2021 1.R.Kirubakaran 2.Silaja 3.Durairaj 4.Divakaran 5.A.R.Prabhakaran

...Petitioners/Accused 1-5

Vs 1.State rep.by The Sub-Inspector of Police, Arcot Police Station, Cr.No.27/2015 2.G.Baskaran .... Respondents/Complainant PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for records pertaining to the above case pending before this Hon'ble District Munsif cum Judicial Magistrate Court, Arcot, in C.C.No.85 of 2020 and quash the same.

For Petitioners: Mr.A.G.Rajan For Respondents:Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

The petitioners, who are the accused in C.C.No.85 of 2020, facing trial for offences under Sections 294(b), 420 & 506(1) IPC, have filed this quash petition.

2.The contention of the learned counsel for the petitioners is that admittedly the complaint has been lodged 2 1⁄2 years ago after the occurrence and no witness has specifically spoken against the petitioners. There is no overt act connecting the

petitioners to the offences. Further, except for the false general statement, nothing is found against the petitioners. 3.On the contrary, the learned Government Advocate (Crl.side) submits that on the complaint of the defacto complainant, a case has been registered, investigated and final report filed. During investigation, LW1 to LW10 examined and their statement recorded. LW1 to LW5, have categorically stated about the role played by the each of the accused. Further, the accused have cheated the amount of Rs.3.5 lakhs of the defacto complainant. Further, he submits that on the presence of the independent witness, observation mahazar, rough sketch had been drawn. Thereafter, on completion of the investigation, charge sheet filed. The lower Court, on perusal of the materials, finding that prima facie materials are available and the case was taken on file for offences under Sections 294 (b), 420 and 506(1) IPC.

4.Considering the submissions and also finding that the points raised by the petitioners are factual in nature, which have to be decided only during the trial and not in a quash petition. In view of the same, this court is not inclined to entertain the petition. Hence, this petition is dismissed. The trial Court to complete the trial within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sms To

1. The District Munsif Cum Judicial Magistrate Court, Arcot.

2. The Sub-Inspector of Police, Arcot Police Station, Cr.No.27/2015.

3 The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18489 of 2021 and Crl.M.P.No.10139 of 2021 pmk[co] srg 01/11/2021