Mr.Daniel Raj, Aged 36 Years, v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24807 of 2016 Daniel Raj Petitioner Vs.

State by the Inspector of Police Central Crime Branch Job Racket O/o the Commissioner of Police Greater Chennai, Vepery, Chennai M. Kuppuswamy Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure seeking to call for the records relating to the FIR in Crime No.372 of 2013 on the file of the first respondent and quash the same.

For petitioner Mr. S. Palanirajan For R1 Mr. C. Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to call for the records relating to the FIR in Crime No.372 of 2013 on the file of the first respondent police and quash the same. On the complaint lodged by one Kuppuswamy, the second respondent herein, the first respondent police registered a case in Crime No.372 of 2013 under Section 420 read with Section 34 IPC against Daniel Raj and 5 others, challenging which, Daniel Raj is before this Court.

Heard both sides.

Mr. Minorsamy, Inspector of Police, CCB, Chennai, is present.

It is the case of the second respondent/de facto complainant that the accused represented that they are close relatives of the Secretary to the Hon'ble Chief Minister and promised to get the post of Assistant Engineer in the Tamil Nadu Electricity Board for his sister's son and received a sum of Rs.16 lakhs from him, but, reneged.

Since there are prima facie materials in the FIR, the same cannot be quashed.

The learned counsel for the petitioner submitted that the second respondent/de facto complainant had not identified the petitioner during the course of investigation and that the documents that he had submitted are all false. This is a disputed question of fact which cannot be gone into in a petition filed under Section 482, Cr.P.C. However, the first respondent police is directed to complete the investigation within six months from the date of receipt of a copy of this order, taking into consideration the above said facts and file either closure report or charge sheet, as the case may be.

With the above direction, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The Inspector of Police Central Crime Branch Job Racket O/o the Commissioner of Police Greater Chennai, Vepery, Chennai

The Public Prosecutor High Court of Madras Chennai 600 104 +1cc to Mr.S. Palanirajan, Advocate, S.R.No.65231 cnr(CO) md(30/11/2016) Crl.O.P. No.24807 of 2016