M.Sritharan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Sritharan ... Petitioner Vs.

The State Rep.by The Inspector of Police, T-3, Pallavaram Police Station, Pallavaram, Chennai-600 117.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to call for the records with regard to the final report filed in C.C.No.1058 of 2023 on the file of the Judicial Magistrate-1, Pallavaram and set aside the same and consequently further investigate the case and file final report in Crime No.988 of 2022.

For Petitioner : Mr.D.Sakshinamurthy For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

On the direction of the Judicial Magistrate under Section 156(3) Cr.P.C., case was registered by the respondent police and on completion 1/4

of investigation, final report filed. Not satisfied with the final report, the defacto complainant is before this Court seeking further investigation. 2.

The learned counsel appearing for the petitioner referring the bank account statement as well as statement of some of the witnesses submits that the final report filed only against sole accused. For the reason best known, the other accused particularly, one Rindhya was dropped. Therefore, further investigation is required. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on thorough investigation, it has been found that the allegations of cheating is made out only against Marimuthu and no other offence is made out. Hence the final report filed based on the information collected during the investigation. 4.

On plain reading of the statement and other documents, this Court finds that the case is made out only against Marimuthu. This Court on perusing the documents relied by the learned counsel for the petitioner is of the view that if at all the petitioner is aggrieved by the decision of the Investigating Officer not included the other accused persons in the 2/4

final report, it is open to him to file a protest petition. 5.

With this liberty, this Criminal Original Petition is disposed of.

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1. The Judicial Magistrate-1, Pallavaram 2.The Inspector of Police, T-3, Pallavaram Police Station, Pallavaram, Chennai-600 117.

3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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