P.Chritstal Jeyaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.17061 of 2018 P.Chritstal Jeyaraj

...Petitioner

vs.

State Rep. by The Inspector of Police CCB-Vepery, Chennai.

...Respondent

Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records in pursuant to the FIR No.146 of 2008 on the file of the respondent and quash the same insofar as the petitioner is concerned.

For petitioner : Mr.J.Arokhiaraj For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the records in pursuant to the FIR No.146 of 2008 on the file of the respondent and quash the same insofar as the petitioner is concerned.

2. On the complaint lodged by one M.Manjula, SubInspector, Central Crime Branch, Chennai, a case in Crime No.146 of 2008 was registered on 17.03.2008 for the offence under Section 420 IPC against the petitioner, challenging which, this quash petition has been filed.

3. Today, Mrs.Indira, Sub-Inspector, Central Crime Branch, Chennai, is present before this Court and produced the case diary.

4. Heard Mr.J.Arokhiaraj, learned counsel for the petitioner/accused and the learned Government Advocate (Crl. Side) for the respondent-State.

https://hcservices.ecourts.gov.in/hcservices/

5. On a perusal of the FIR, it is seen that there was a news item in the newspaper to the effect that some people in the film industry were travelling as illegal immigrants to USA under the guise of film technicians. Hence, based on the newspaper report and on the complaint given by the Sub-Inspector, Central Crime Branch, Chennai, the present case has been registered.

6. In the opinion of this Court, such an FIR can be registered by the police suo motu. However, from 2008 to 2018, the police have not been able to make any progress in the investigation. The name of the petitioner finds place in the FIR, based on the newspaper report and there is no iota of material collected so far to connect the petitioner with the alleged offence.

7. In the result, this petition is allowed and the FIR in Crime No.146 of 2008 is hereby quashed.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar mk To 1.The Inspector of Police CCB-Vepery, Chennai.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.J.Arockhiaraj, Advocate SR.No.43412 Crl.O.P. No.17061 of 2018 AD(CO) GN(23/07/2018) https://hcservices.ecourts.gov.in/hcservices/