Sheeba v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Crl.O.P.No.30455 of 2019 and Crl.MP.No.16501 of 2019 Sheeba ..

Petitioners/Accused 2

Versus

1.State, rep. by The Inspector of Police, Jolarpet Police Station, Jolarpet, Vellore District.

(Crime No.182/2019) ... 1st Respondent/complainant 2.Siva ... 2nd respondent/ Defacto complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the Crime No.182 of 2019 on the file of the Inspector of Police, Jolarpet Police Station, Vellore District and quash the same.

For Petitioner :

Mr.N.K.Sivaparthiban for M/S.I.Periaswamy For Respondent-1:

Mr.A.Gopinath Government Advocate (crl.side) For Respondent-2:

No appearance Page No.1 of 4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in FIR in Cr.No. 182 of 2019 on the file of the Inspector of Police, Jolarpet Police Station, Vellore District. 2.Heard the submissions made by the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the first respondent and perused the materials available on record. Though notice was served on the second respondent, there was no appearance on behalf him.

3.The second respondent / de-facto complainant has given a complaint by alleging that the accused had cheated him by getting a huge money from him and his friend on the assurance to secure a job. Thereafter they swindled the money without securing a job or returning the money. 4.The petition has been filed on the ground that there are no prima facie materials to make out a case against the petitioner, and the allegations made are false. The avernments made in the complaint of the second respondent would show the details about the date, the quantum of amount and the manner in which the amount was given to the accused and the kind Page No.2 of 4

of assurance was given by the accused, etc.,

5. All these facts require a detailed investigation. At the threshold stage itself, this Court cannot come to any conclusion that all the allegations are false or there is no prima facie material available on record to make out a case against the petitioner. In fact, it is a serious case of job racketing and in which a detailed investigation ought to be done to unearth the truth.

In the result, this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition is closed. 21.02.2023 Index: Yes/No jrs To:

1.The Inspector of Police, Jolarpet Police Station, Jolarpet, Vellore District.

2.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

R.N.MANJULA, J., jrs Crl.O.P.No.30455 of 2019 and Crl.MP.No.16501 of 2019 21.02.2023 Page No.4 of 4