Sakthipriya v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27507 of 2018 and Crl.M.P.No.15862 of 2018 1.Sakthipriya 2.Nanjan 3.Maathi 4.Sumathi ... Petitioners
Versus
1. State rep. by, The Inspector of Police, District Crime Branch, Nilgiris District.
2. H.B.Suresh ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the complaint in C.C.No.29 of 2017 on the file of the Judicial Magistrate, Kothagiri and quash the said complaint as against the petitioner.
For Petitioners :
Mr.J.Franklin For Respondents :
Mr.Mohamed Riyaz Additional Public Prosecutor *******
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.29 of 2017 on the file of the Judicial Magistrate, Kothagiri.
2.The learned counsel for the petitioners would submit that the petitioners are not at all committed any offences as alleged by the prosecution. Due to previous enmity, the petitioners have been falsely implicated in this case. He further submitted that A1 and A2 are only collected money for a sum of Rs.33,50,000/- (Rupees thirty three lakhs fifty thousand only) from the various persons to secure a job in the Tamil Nadu State https://hcservices.ecourts.gov.in/hcservices/
Transport Corporation, but they neither secure any job, nor repaid the amount. Therefore, he sought for quash the proceedings in C.C.No.29 of 2017.
3.It is seen from the final report filed by the respondent, it is a clear case of Job rocketing. The petitioners along with A1 and A2 are conspired together to get a job in Tamil Nadu State Transport Corporation and collected money for a sum of Rs.33,50,000/- from defacto complainant and others. After receipt of the same, they did not arrange any job and cheated them. Therefore, there is no ground in this petition to quash the proceedings in C.C.No.29 of 2017.
4.Considering the facts and circumstances of this case, the trial Court is directed to complete the proceedings within a period of four months from the date of receipt of a copy of this order. Considering the age of the petitioners 2, 3 & 4, the personal appearance is dispensed with, except 1st petitioner. The petitioners 2, 3 & 4 shall be represented by a counsel after filing appropriate application and they shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 of Cr.P.C and at the time of passing Judgment.
5.Accordingly, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CCC) //True Copy// vv2/vsn Sub Assistant Registrar To
1. The Judicial Magistrate, Kothagiri.
2. The Inspector of Police, District Crime Branch, Nilgiris District.
3. The Public Prosecutor, High Court, Madras.
+1 cc to Mr.J.Franklin, Advocate, S.R.No.20859 Crl.O.P.No.27507 of 2018 VSN-II(CO) SSM(15/04/2019).
https://hcservices.ecourts.gov.in/hcservices/