B.Muralitharan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18229 of 2025 and Crl.M.P.No.12066 of 2025 B.Muralitharan ... Petitioner Vs.

1. State rep. by The Inspector of Police Manimangalam Police Station Manimangalam, Tambaram Chennai (Crime No.159 of 2025)

2. Jayanthi ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to quash the FIR in Crime No.159 of 2025 dated 02.05.2025 on the file of the first respondent herein.

For Petitioner : Mr.S.Madhusudanan For First Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioner/accused to quash the FIR in Crime No.159 of 2025 dated 02.05.2025 on the file of the first respondent herein.

2. The case of the petitioner is that based on the complaint given by the second respondent as if, the petitioner along with other accused, obtained power of attorney from her to sell her property and even after selling the property, the accused did not pay the sale proceeds and thereby cheated her, the first respondent police has registered the case in Crime No.159 of 2025 against the petitioner and others. Hence, the present petition is filed to quash the FIR.

3. The learned counsel for the petitioner submitted that the dispute is civil in nature and that the defacto complainant is trying to give a criminal colour to the civil dispute.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that during the course of investigation, the 2/6

petitioner appeared before the respondent police and gave an undertaking that he would pay the amount to the defacto complainant and also issued two cheques dated 14.05.2025, but the said cheques were dishonoured.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

6. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

7. A reading of the materials shows prima facie allegations against the petitioner to proceed the case further.

8. Therefore, this Criminal Original Petition is dismissed at the admission stage itself. Consequently, the connected Miscellaneous Petition is closed.

9. The respondent police is directed to complete the investigation and file the charge sheet within a period of two months from the date of receipt of a 3/6

copy of this order.

10. Further, the petitioner is directed to co-operate for the investigation and after the filing of the charge sheet, if the petitioner is still aggrieved, he can work out his remedy in the manner known to law. 01.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Inspector of Police Manimangalam Police Station Manimangalam, Tambaram Chennai 2.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

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