Prakash v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.11.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.21678 of 2023 and Crl.M.P. Nos.15003 & 15004 of 2023
1. Prakash 2.Sathish 3.Sundararajan 4.Rajeswari ... Petitioners -vs1.State Represented by The Inspector of Police, CCB, Coimbatore City.
(Crime No.46/2021) 2.V. Eswaramoorthy
...Respondent
PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C. No.1793 of 2023 pending on the file of the learned Judicial Magistrate VII, Coimbatore and quash the same.
For Petitioner : Mr.M.Ramamoorthi for Mr.S.Kumaresan For Respondent 1 : S.Udaya Kumar Government Advocate (Crl.Side) Page No.1/4
ORDER
The petition is to quash the final report filed by the respondent police for offence under Sections 120B, 406 and 420 of IPC. This is a case of syphoning the loan amount availed from the Bank, in which prosecution had collected material that the loan amount was not utilised for the purpose, for which it was sanctioned but diverted to the Account of the petitioners herein who were arrayed as A3 to A6.
2. The learned Government Advocate further submitted that this petitioners are not cooperating with the investigation and were absconding. Therefore, final report was filed showing these petitioners as absconding accused.
3. In the above facts and circumstances, this Court is of the view that the petition to quash the final report cannot be entertained when there is material to show that the trail of the loan amount had landed in the Account of the petitioners herein. Hence, this petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed.
21.11.2023 Index : Yes/No rkp Page No.2/4
To 1.The Judicial Magistrate VII, Coimbatore.
2.The Inspector of Police, CCB, Coimbatore City.
3.The Public Prosecutor, Madras High Court, Madras.
Page No.3/4
Dr.G.JAYACHANDRAN, J.
rkp Crl.O.P.No.21678 of 2023 and Crl.M.P. Nos.15003 & 15004 of 2023 21.11.2023 Page No.4/4