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Madras High CourtCRL OP/15078/2013closed

The Branch Manager v. The Inspector Of Police

2016-12-20Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.15078 of 2013 and M.P.No.1 of 2013 The Branch Manager, Muthoot Fincorp Limited, Opp.to Valummal Jewellery, Sulthan Batheri, Kerala State.

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Petitioner Vs The Inspector of Police, District Crime Branch, The Nilgiris District @ Udhagamandalam, Tamil Nadu.

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Respondent Petition filed under Section 482 of the Criminal Procedure Code, to call for and quash the summons dated 21.05.2013 issued by the respondent to the petitioner in Crime No.5 of 2013 pending investigation on the file of the respondent. For Petitioner : Mr.G.K.Ilan thiraian for M/s.Sai Bharath and Ilan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the summons issued by the respondent relating to Crime No.5 of 2013 on the file of the respondent.

2.The summons was issued straightaway directing the petitioner to produce the ornaments purchased, before the Investigating Officer on 29.05.2013. The learned counsel for the petitioner submitted that this sort of summons cannot be issued prior to commencement of investigation.

3.The learned Additional Public Prosecutor fairly submitted that the summons which is impugned in this petition may be quashed with a direction to issue fresh /proper summons. https://hcservices.ecourts.gov.in/hcservices/

4.Recording the said submission made by the learned Additional Public Prosecutor, the summons impugned in this Criminal Original Petition is quashed and the respondent is directed to issue a proper/ fresh summons to the petitioner. On receipt of the same, the petitioner shall cooperate with the investigation.

5.The Criminal Original Petition is disposed of accordingly. Consequently, the connected miscellaneous petition is also closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar KM To 1.The Inspector of Police, District Crime Branch, The Nilgiris District @ Udhagamandalam, Tamil Nadu.

2.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1 cc to M/s.Sai Bharathi & Ilan Advocate sr 74278 Crl.O.P.No.15078 of 2013 and M.P.No.1 of 2013 sv(co) aa20/01/2017 https://hcservices.ecourts.gov.in/hcservices/