Madras High CourtCRL OP/16623/2010allowed

Rajesh Kumar v. State Rep By

2016-09-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.16623 of 2010 and MP.No.1 of 2010 1.Rajesh Kumar 2.Suresh Kumar 3.Poun Kumar .. Petitioners Vs 1.State Represented by, The Inspector of Police, Arakonam Police Station, Vellore.

Crime No.301 of 2010 2.V.Krishnamoorthy .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.301 of 2010 on the file of the Inspector of Police, Arakonam Town Police Station, Arakonam, Vellore District, the first respondent herein and quash the same.

For Petitioner : Mr.M.Krishnamoorthy For Respondents : Mr.C.Emalias [for R1] Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.301 of 2010 on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the second respondent.

3. Today Mr.R.Ramesh, Inspector of Police, Banavaram Police Station, Vellore District is present.

4. On the complaint lodged by one Krishnamoorthy, the respondent police registered a case in Crime No.301 of 2010 for the offences under Sections 420, 147, 148, 294(b), 506(i) IPC, challenging which, the accused are before this Court. https://hcservices.ecourts.gov.in/hcservices/

5. On a reading of the FIR, it is seen that the complainant and accused were very close friends and they were having business dealings in which it is alleged that the complainant has given Rs.2,00,000/- to the accused, which the accused are not refunding.

6. The transaction appears to be civil in nature. In the result, this Criminal Original Petition is allowed and the FIR in Crime No.301 of 2010 is hereby quashed. Consequently, connected miscellaneous petition is quashed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ds To:

1.The Inspector of Police, Arakonam Police Station, Vellore.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s. M. Krishnamoorthy, Advocate, Sr. 55837 Crl.OP.No.16623 of 2010 MP (CO) kk 1/11 https://hcservices.ecourts.gov.in/hcservices/