Umadevi, Aged 34 Years, A6, v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.25247 of 2016 & Crl.M.P. No.12236 of 2016 Umadevi Murugan Shankari Sathish Petitioners Vs.

State represented by the Inspector of Police K-9, Thiru.Vi.Ka. Nagar Police Station Thiru.Vi.Ka.Nagar Chennai 600 082 State represented by the Inspector of Police Central Crime Branch Egmore, Chennai Boopathi Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records of the FIR comprised in Crime No.435 of 2016 dated 10.06.2016 on the file of the Inspector of Police, Central Crime Branch, Chennai and quash the same as against all the accused.

For petitioners Mr. D.S. Ramesh For RR 1 & 2 Mr. C. Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to call for the records of the FIR comprised in Crime No.435 of 2016 dated 10.06.2016 on the file of the Inspector of Police, Central Crime Branch, Chennai and quash the same as against all the accused.

On the complaint of one Boopathy, the third respondent herein, the first respondent police registered a case in Crime No.435 of 2016 on 10.06.2016 under Sections 406, 420 and 34, IPC against Sridhar and 5 others, challenging which, the petitioners are before this Court. Heard Mr. D.S. Ramesh, learned counsel for the petitioners and Mr. C. Emalias, learned Additional Public Prosecutor appearing for respondents 1 and 2. On a reading of the FIR, it is seen that the de facto complainant has alleged that the first accused was conducting illegal chits and had collected money to the tune of Rs.50 lakhs from various subscribers and had not repaid the amount.

Mr. Ramesh, learned counsel for the petitioners submitted that there is no specific overt act as against the petitioners herein and that they are only relatives of Sridhar (A1). He also submitted that the petitioners were arrested and have been released on bail.

In the considered opinion of this Court, it is too early to decide about the culpability or otherwise of the petitioners. However, the respondent police is directed to conduct a thorough investigation and during the course of investigation, if it is found that the petitioners have nothing to do with the alleged offence, it is needless to state that the further prosecution against them should be dropped.

With the above direction, this Criminal Original Petition is closed. Connected Crl.M.P. is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cad

To The Inspector of Police K-9, Thiru.Vi.Ka. Nagar Police Station Thiru.Vi.Ka.Nagar Chennai 600 082 The Inspector of Police Central Crime Branch Egmore, Chennai The Public Prosecutor High Court of Madras Chennai 600 104 +1cc to M/s. D.S. Ramesh, Advocate, S.R.No.66961 NR1(CO) EU 15.12.16 Crl.O.P. No.25247 of 2016