Tamilselvi v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN 1.Tamilselvi

2. Nagaraj

3. Rajendiran ... Petitioners Vs.

1. The State, represented by The Inspector of Police District Crime Branch Tiruvallur

2. Renuka Devi ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to call for records pertaining to the final report in C.C.No.3 of 2025 on the file of the learned Judicial Magistrate Court No.1, Ponneri and quash the same with respect to the petitioner.

For Petitioners : Roshan Atiq M For First Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/7

ORDER

This Criminal Original Petition has been filed by the petitioners to quash the final report in C.C.No.3 of 2025 on the file of the learned Judicial Magistrate Court No.1, Ponneri in sofar as the petitioners are concerned.

2. The case of the petitioners is that the second respondent/defacto complaint lodged a complaint against the petitioners alleging that the petitioners under the guise of arranging loan of Rs.1 lakh for Women Self Help Groups, received a sum of Rs.22,20,000/- in total (Rs.10,000/- per person) and thereafter, did not arrange any such loan and when the same was questioned, the petitioners threatened the victims with dire consequences. Based on which, the respondent police registered the FIR in Crime No.37 of 2017 against the petitioners for the offences under Sections 420, 506(1) and 34 of IPC and after completion of investigation, filed the final report and the same has been taken on file in C.C.No.3 of 2025 on the file of the Judicial Magistrate Court No.1, Ponneri. Hence, the present petition is filed to quash the same. 2/7

3. The learned counsel for the petitioners submitted that the first petitioner had been running a women help group in the name of Shoben Rekha Women Welfare Trust for the purpose of helping women by arranging financial aid, from financial institution. The women who are seeking the help of the said Trust for the purpose of financial aid, ought to become members by payment of subscription charges of Rs.10,000/-. The defcato complainant, one Janaki and selvi had sought for financial aid and therefore, they were made as members in the said Trust. Further, the defacto complainant and the said Janaki and Selvi made other persons as members and only through them, the subscription charges were paid to the Trust and that the first petitioner had no role to play in the said transactions.

Subsequently, the Trust could not arrange for the financial aid inspite of its severe efforts. Such being so, in order to harass and make the petitioners to yield to the demands of the defacto complainant, the instant final report has been filed against the petitioners.

first petitioner and that the petitioners had no intention to cheat victims. Therefore, the learned counsel prayed to quash the charges against the petitioners in C.C.No.3 of 2025.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that the petitioners with ulterior motive, collected money from the victims and thereafter, failed to arrange loan as promised by them. Thereafter, when the victims asked to repay the amounts paid by them, the petitioners refused to repay the amounts and also threatened them with dire consequences. Further, the witnesses have spoken about the specific overt-act of the petitioners. Therefore, this petition is liable to be dismissed.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the first respondent 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. 4/7

7. A perusal of the records shows prima facie allegations against the petitioners and prima facie materials are available to proceed the case further and that there is no ground to quash the charges against the petitioners. The grounds taken by the petitioners are nothing but defence which can be agitated only during trial and not at this stage.

8. Accordingly, this Criminal Original Petition is dismissed at the admission stage itself.

15.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 5/7

To

1. The Judicial Magistrate Court No.1, Ponneri

2. The Inspector of Police District Crime Branch Tiruvallur 3.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

Ksa-2 15.07.2025 7/7