Madras High CourtCRL OP/30137/2022dismissed

T.Kathir @ Kathirvelu v. State Rep By

2024-01-19Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 30137 of 2022 Crl. MP. No. 18461 of 2022 1 T.KATHIR @ KATHIRVELU 2 MUNISAMY 3 S.JAYAVELU ...petitionerS Vs.

1 STATE REP BY INSPECTOR OF POLICE GUDIYATHAM POLICE STATION VELLORE DISTRICT (CRIME NO.352/2021) 2 ASHOK KUMAR

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to Call for the records in Connection with Crime No.352/2021 on the file of

the 1st respondent police and Quash the same. For Petitioner : Mr.S.Saravanakumar For R1 : Mr.S.Vinoth Kumar, Government Advocate(Crl. side)

ORDER

The petitioner herein filed this petition to Call for the records in Connection with Crime No.352/2021 on the file of the 1st respondent police and Quash the same.

2. The case of the prosecution is that the defacto complainant had borrowed money to the tune of Rs.20,000/- from the first accused. At that time, the first accused had received a blank Rs.20 stamp paper. After three months, the defacto complainant had repaid the entire loan with interest but the bank stamp paper were not returned and whenever the defacto complainant asked about the stamp paper, the first accused had made vogue reply. Suddenly, in the month of April the first accused had demanded a sum of Rs.1 1/2 lakhs as balance amount from the defacto complainant and it was denied and the same was agreed by the first accused. While being so, the first petitioner along with others came to the defacto complainant's house and tried to kidnap but on the intervention of the neighbouts he

escaped and complaint was given to the respondent police and the same was registered in case in crime No. 352 of 2021. Challenging the same the petitioners filed this petition.

3. Heard both sides.

4. Considering the facts of the case, there was a money dispute between the parties and also investigation is at initial stage. Hence, this Court is not inclined to quash the FIR.

5. In the result, this petition is dismissed. Consequentially connected miscellaneous petition is closed. No Costs.

19.01.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 30137 of 2022 & Crl. MP. No. 18461 of 2022 19.01.2024