Madras High CourtCRL OP/24224/2024disposed of

S.Vijayakumar v. State Rep. By

2024-10-01Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24224 of 2024 and Crl.MP.No.13659 of 2024 S.Vijayakumar .. Petitioner Vs.

1. State by Inspector of Police, Hosur Police Station, Krishnagiri District.

(Cr.No.334 of 2024)

2. Ramanujan .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C/528 of BNSS, Act to call for the records and quash the proceedings against the petitioner/accused in Cr.No.334 of 2024 dated 15.06.2024 pending on the file of the 1st respondent police. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein who had obtained the power of attorney from the defacto complainant in respect of property owned by the defacto complainant is the accused in Cr.No.334 of 2024 dated 15.06.2024 for alleged offence under Sections 294(b) and 506(i) of IPC.

2. According to the complainant, he gave power of attorney to the petitioner herein inrespect of his property, but the petitioner has misused the power of attorney deed and cheated Rs.30,00,000/- . When he asked for the money who was abused with filthy language and intimidated with dire consequence.

3. The learned counsel appearing for the petitioner submits that it is purely a civil dispute, given a criminal colour and he has invested more than Rs.1 crore in the property of the complainant/petitioner and therefore the police should not interfere in the civil dispute.

4. The primafacie reading of the complaint indicates not the money dispute between the parties, but the use of filthy language and criminal 2/4

intimidation. Further, if the petitioner wants to impress upon the Investigating Officer that it is purely a civil dispute. It is for him to participate in the investigation and produce necessary accounts and documents to show that he has acted as power of attorney to the defacto complainant and discharge his duty as per the recital of the power of attorney.

5. On production of those records, the respondent police shall take appropriate decision and proceed. If final report is filed based on material indicating commission of cognizable offence. It is open to the petitioner herein to challenge the same, if so advised.

6. In view of the above, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed. 01.10.2024 Vv 3/4

Dr.G.JAYACHANDRAN,J.

Vv To

1. The Inspector of Police, Hosur Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court of Madras.

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