Madras High CourtCRL OP/19943/2019dismissed as infructuous

C.Mani v. The Inspector Of Police

2023-11-06Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.10229 of 2019 C.Mani ... Petitioner Vs.

1. The Inspector of Police, EDF Team 4, Central Crime Branch, Vepery, Chennai-600 007.

2. R.Selvam ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records of FIR in Crime No.233 of 2018, dated 04.06.2018 pending investigation on the file of the Inspector of Police, EDF (Team-IV), Central Crime Branch, Chennai and to quash the same. For Petitioner : Mr.M.Velmurugan For R1 : Mr.L.Baskaran Government Advocate (Crl.side) For R2 : Mr.P.Paul Selvam for Mr.R.C.Paul Kanagaraj

ORDER

This Criminal Original Petition has been filed challenging the FIR in Crime No.233 of 2018, dated 04.06.2018 on the file of the first respondent Police.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.side) for the first respondent and the learned counsel for the second respondent and perused the materials available on record.

3. The case of the prosecution is that the petitioner had induced the defacto complainant to invest a sum of Rs.6.25 Crores in the business and failed to repay the same, thereby cheated the defacto complainant to the tune of Rs.6.25 Crores. Hence, the complaint. On receipt of the complaint, the first respondent registered FIR in Crime No.233 of 2018 for the offences under Sections 420, 506(1) and 34 of IPC.

4. The learned counsel for the petitioner would submit that already the first accused had filed a quash petition before this Court in Crl.O.P.No.17399 of 2018 and same was dismissed by this Court by an order dated 26.02.2019. Aggrieved by the same, the first accused filed an appeal before the Hon'ble

Supreme Court of India and it is pending without any interim order.

5. The learned Government Advocate (Crl.side) appearing for the first respondent would submit that already the first respondent had completed the investigation in Crime No.233 of 2018 and filed a final report on 31.10.2023 before the Chief Metropolitan Magistrate Court, Egmore, Chennai and it is pending for taking cognizance and as such, nothing survives in this petition for further adjudication.

6. In view of the above, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous petition is closed. 06.11.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The Inspector of Police, EDF Team 4, Central Crime Branch, Vepery, Chennai-600 007.

and Crl.M.P.No.10229 of 2019 06.11.2023