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Madras High CourtCRL OP/25243/2025disposed of

Santhosh Sharma v. The State Rep By The Inspector Of Police

2025-10-15Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.No.17087 of 2025 1.

Santhosh Sharma 2.

Kalpana Sharma 3.

Madhava Rajan ... Petitioners Vs.

1.

The State represented by, The Inspector of Police, Central Crime Branch - I, EDF-II, Team - IV, Vepery, Chennai - 07.

(Crime No.157 of 2025) 2.

T.Thiyaga Chitiran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, to quash the First Information Report registered in Crime No.157 of 2025 on the file of the first respondent.

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For Petitioners : Mr.B.Vijay for Mr.P.Krishnan For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 : Mr.K.M.Kalicharan

O R D E R

The Criminal Original Petition has been filed seeking to quash the First Information Report registered in Crime No.157 of 2025 on the file of the first respondent for the offences under Sections 420, 465, 467, 468, 471, 120B, 34 and 409 IPC.

2.

This Court, while disposing of a similar matter vide order dated 18.09.2025 in Crl.O.P.No.25843 of 2025, held as follows :- "5. It is relevant to note that the present complaint has been lodged by the prospective buyer as against the petitioner for non-handing over the flat, further, several complaints have also been filed by the similar purchasers.

6. Recording the submission of the learned 2/5

Government Advocate (Crl.Side) appearing for the 1st respondent that the present complaint and all the subsequent complaints lodged by the prospective buyers are clubbed together and investigation will be done, at this stage, this Court is not inclined to quash the FIR and let the investigation be completed.

7. Accordingly, the present petition is dismissed. Consequently, connected miscellaneous petition is closed." 3.

Considering the facts of the case, this Court is of the view that the allegations in all the complaints are one and the same and that only the number of counts would increase. Therefore, merely because individual complaints have been lodged by different persons, the same cannot be considered as a ground to arrest the petitioners. 4.

This Court, in view of the order passed in Crl.O.P.No.25843 of 2025 dated 18.09.2025, directs that all the subsequent complaints lodged by the prospective buyers shall be clubbed together and investigated by the same Investigating Officer. The final report shall be filed indicating the nature and number of counts under each category of offence. 3/5

5.

Further, the First Information Reports registered against the petitioners in Crime Nos.42, 100 of 2023 and 178 of 2025 pending on the file of the Central Crime Branch - II are directed to be transferred to the file of the Central Crime Branch - I, Chennai.

6.

Accordingly, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed. 15.10.2025 ham Note to Registry : Issue order copy on 17.10.2025. To

1. The Metropolitan Magistrate for CCB & CBCID Special Court, Egmore, Chennai.

2. The Inspector of Police, Central Crime Branch - I, EDF-II, Team - IV, Vepery, Chennai - 07.

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham and Crl.M.P.No.17087 of 2025 15.10.2025 5/5