Santhosh Sharma v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 25843 of 2025 & Crl.M.P.No.17546 of 2025
1. Santhosh Sharma
2. Kalpana Sharma
3. Madhava Rajan Petitioner(s) Vs
1. State rep by The Inspector of Police, Central Crime Branch-II, Beta - III, EDF-II, Vepery, Chennai - 07. Crime NO.178/2025 2.K.Ravi Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS, Act to call for the records and Quash the FIR registered in Crime No.178 of 2025 on the file of the 1st Respondent, by allowing this Criminal Original Petition
For Petitioner(s):
Mr.B.Vijay for Mr P.Krishnan For Respondents:
Mr.R.Vinothraja for R1 Government Advocate (Crl.side) Mr.S.Janarthanan for R2
O R D E R
This petition is filed to call for the records and quash the FIR registered in Crime No.178 of 2025 on the file of the 1st Respondent.
2. Heard the learned counsel on either side and perused the documents placed on record.
3. According to the petitioner, the complaint is with regard to the construction of flats, as there was some delay in handing over the flat, several complaints have been filed by the prospective buyers and based on each complaint, the petitioner has been taken into custody one after the other.
4. The learned Government Advocate (Crl.Side) appearing for the 1 st respondent would submit that though several complaints have been received, all the subsequent complaints will be clubbed together and investigation will be done. He would further submit that as far as FIR No.100 of 2023 is concerned, it was lodged by the owner of the property and investigation is pending.
4. On going through the crux of the complaint, which culminated into FIR No.100 of 2023 is concerned, the said FIR has been arisen out of the complaint given by the defacto complainant, who is the owner of the property and according to him, excess lands have been sold, besides double document executed by the petitioner by forging the signature of the owner of the property. Hence this Court is not inclined to quash the FIR No.100 of 2023.
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 Government Advocate (Crl.Side) appearing for the 1 st 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.
18-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd
To 1.State rep by The Inspector of Police, Central Crime Branch-II, Beta - III, EDF-II, Vepery, Chennai - 07. Crime NO.178/2025 2.The Public Prosecutor, High Court, Madras
N.SATHISH KUMAR J.
ssd CRL OP No. 25843 of 18-09-2025