Shaik Abdul Jaleel, v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.Nos.27596, 28368, 28371, 28373, 28377 & 28378 of 2018 & Crl.M.P.Nos.15911, 16486, 16492, 16494, 16497 & 16500 of 2018 & 4289, 4290, 4291, 4310, 4312, 4320 of 2019 Shaik Abdul Jaleel ... Petitioner/Accused 1 in Crl.O.P.No.27596/2018 Shaik Abdul Khuddus ... Petitioner/Accused 2 in Crl.O.P.No.28368/2018 Shaik Fouzia Banu ... Petitioner/Accused 2 in Crl.O.P.No.28371/2018 DR.Anil Kumar Koneru ... Petitioner/Accused 2 in Crl.O.P.No.28373/2018 Shaik Sharmila ... Petitioner/Accused 2 in Crl.O.P.No.28377/2018 Shaik Abdul Aziz ... Petitioner/Accused 2 in Crl.O.P.No.28378/2018 Vs
1. The State rep. by The Inspector of Police, CCB-1, Office of the Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.
(Crime No.431 of 2017) ..1st Respondent/complainant Crl.O.P.No.27596, 28368, 28371, 28377, 28378/2018
2. A Manohar Prasad ... 2nd Respondent/Defacto Complainant in Crl.O.P.No.27596, 28368, 28371, 28373, 28377, 28378/2018 Common Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in the F.I.R. registered in crime No.431 of 2017 on the file of the 1st respondent Police and quash the same.
In all Crl.O.P's For Petitioner : Mr.Zaffarullah Khan For Respondent : R1 - Mr.S.Vinoth Kumar, Government Advocate (Criminal Side) For R2 : S.R.Rajagopal, Senior Counsel for Mr.Arvind Srivatsa
O R D E R
These Criminal Original Petitions have been filed to quash the F.I.R. registered in crime No.431 of 2017 on the file of the 1st respondent Police filed against the petitioners for the offences punishable under 406, 420, 506(i) and 120B of I.P.C.
2. The allegation in the F.I.R. shows that as if the accused have induced the defacto complainant to invest a sum of Rs.40 crores in marine products and thereby committed cheating. The learned Counsel for the petitioners has sought for quashment of the F.I.R. and contended mainly that a civil suit has been filed with the same allegations and further a Commissioner has already been appointed in the Civil Suit to find out the stocks and trade. Therefore, with the similar allegations the F.I.R. is not maintainable.
3. At the outset, this Court is unable to persuade itself with such a contention. Merely because a civil suit is pending, it cannot be said that no criminal complaint could be filed. As the allegation itself indicate that there is inducement which resulted in investment, whether such allegations are true or not has to be seen only during the investigation. Therefore, this Court is of the view that at this stage, the FIR cannot be quashed.
4. At this stage, the learned Counsel for the petitioner submits that some of the parties in this case are ladies and they are necessarily harassed by the police authorities and one of the accused arrayed as an accused has already retired from the company and he has no role with regard to the alleged allegations.
5. The Investigation agency shall take into consideration of the fact that the women need not be summoned unnecessarily and proper procedure has to be followed. Further the investigation has to be conducted taking note of the above submissions particularly of the fact that whether the said
person is incharge at the relevant point of time or not.
5. With the above observations, these Criminal Original Petitions are dismissed. The Investigation agency is directed to conduct the investigation expeditiously and file a final report. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vrc / kbs To
1. The Inspector of Police, CCB-1, Office of the Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos.27596, 28368, 28371, 28373, 28377 & 28378 of 2018 & Crl.M.P.Nos.15911, 16486, 16492, 16494, 16497 & 16500 of 2018 & 4289, 4290, 4291, 4310, 4312, 4320 of 2019 NR(CO) GMY(11/02/2022)