Tmt.Vijaya Lakshmi, 78 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.15914 of 2018 and Crl.MP.No.8152 of 2018 1.

Vijayalakshmi 2.

Maruti Computers Pvt. Ltd., Rep. by its Director No.341, Anna Salai, 1st Floor, Deccan Heritage, Nandanam, Chennai-35.

...Petitioners

vs.

1.

State rep. by its The Inspector of Police Team 9(A) EDF-II Central Crime Branch Vepery, Chennai Crime No.369/2016 2.

Satyabrata Sahool I.A.S., Transport Commissioner Ezhilagam, Chepauk, Chennai-5.

...Respondents

Criminal Original Petition filed under Section 482, Cr.P.C. to call for the entire records comprised in Crime No.369 of 2016 pending on the file of the Inspector of Police, Team 9(A), EDFII, Central Crime Branch, Vepery, Chennai and quash the same. For petitioners : Mr.Vimal B.Crimson For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the entire records in Crime No.369 of 2016, pending on the file of the Inspector of Police, Team 9(A), EDF-II, Central Crime Branch, Vepery, Chennai and quash the same.

2. On the complaint lodged by the Transport Commissioner, Chepauk, Chennai-5, the first respondent police have registered a case in Crime No.369 of 2016 on 26.11.2016 for the offences under Sections 406, 420, 408 and 409 IPC against the petitioners herein, for quashing which, this petition has been filed.

3. At the outset, Mr.Vimal B.Crimson, learned counsel for the accused submitted that the accused was paid the entire salary to all the 130 employees, who were employed by him and therefore, nothing survives in the FIR.

4. On a reading of FIR, it is alleged by the Transport Commissioner, Chennai, that the accused was given a contract to carry out software applications and computer related activities for the Transport Department; that the accused was required to engage his own employees for carrying out contract work; that the accused had received the amounts from the Department, but had not paid the salary to his employees from 21.11.2014 to 31.12.2014.

5. On instructions, the learned Government Advocate (Crl. Side) submitted that the investigation conducted so far revealed that the accused has paid the salary to his employees.

6. In such view of the matter, this Court directs the respondent police to complete the investigation in Crime No.369 of 2016 within a period of six months from the date of receipt of copy of this order and close the FIR or take further action in accordance with law.

With the above direction, this petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-iv) //True Copy// Sub Assistant Registrar mk To 1.

The Inspector of Police Team 9(A) EDF-II Central Crime Branch Vepery, Chennai

2.Transport Commissioner Ezhilagam, Chepauk, Chennai-5.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.VIMAL B CRIMSON, Advocate, S.R.No.38747 Crl.O.P. No.15914 of 2018 SVN(CO) TR(29/06/2018)