Madras High CourtCRL OP/29913/2022dismissed

Thirumurugavel v. State Through The Inspector Of Police

2022-12-05Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and Crl.M.P.No.18346 of 2022

1. Thirumurugavel

2. Kantha Rao

3. kamaldahas ... Petitioners Vs.

1. The State represented by The Inspector of Police Central Crime Branch Team -2, Egmore, Chennai - 6.

2. R. Kothandaraman ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records of the 1st respondent in Crime No.85 of 2022 on the file of the first respondent and quash the same.

For Petitioners : M/s. R.Chandrasudan For Respondent : Mr.S.Santhosh Government Advocate (Criminal side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.85 of 2022 on the file of the 1st respondent police.

2. The learned Counsel for the petitioners submitted that the petitioners are only employees of M/s.Photec Pvt. Ltd and they were not involved with the cheating of Rs. 4 Crores by the first accused. He further submitted that there is no specific overt act alleged against the petitioners. Therefore, the proceedings against the petitioners in Crime No.85 of 2022 has to be quashed.

3. The learned Government Advocate (Crl.Side) submitted opposes the petition on the ground that the petitioners were also a part of cheating of Rs. 4 Crores.

4. This Court on reading the FIR, found that there are specific allegations made against the petitioners alleging that they are also involved in running of M/s.Photec Pvt. Ltd and involved in cheating of Rs. 4 Crores. The claim made 2/4

by the petitioners that the petitioners are only employees of M/s. Photec Pvt.Ltd would be known only during the investigation and hence, this Court is not inclined to quash the proceedings in Crime No.85 of 2022.

4. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. However, the respondent is directed to expedite the investigation and file final report on merits and in accordance with law.

05.12.2022 Sma Index:Yes/No Speaking/Non speaking order To

1. The Inspector of Police Central Crime Branch Team -2, Egmore, Chennai - 6.

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.J., Sma and Crl.M.P.No.18346 of 2022 05.12.2022 4/4