P.Manila v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.28143 of 2018 1.Manila 2.Sangaran 3.V.Senthilkumar

...Petitioners

Vs.

State by 1.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

2.Jayanthi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records made in Crime No. 7 of 2018 on the file of Inspector of Police, District Crime Branch, Thiruvallur and quash the same as illegal.

For Petitioners : Mr.R.Sankarasubbu For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the FIR in Crime No.7 of 2018 on the file of the first respondent police. The learned counsel for the petitioner would submit that the complaint has been given by one Jayanthi, who is the wife of Karthick, who is an advocate.

The learned counsel would submit that the bond that has been relied upon by the 2nd respondent is a forged bond and the said bond actually stands in the name of Amsa. The learned counsel would further submit that the petitioner is willing to settle the entire amount to all the persons, who have made the deposit. The learned counsel therefore would request this Court to appoint a commissioner for this purpose.

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The learned Additional Public Prosecutor would submit that this case has been transferred to E.O.W., Kancheepuram and in the course of investigation, it was been found that total of 773 depositors have been cheated for a sum of more than Rs. 3 crores. The learned counsel would further submit that further complaints are being received by the concerned police. Therefore, it is submitted that this Court should not interfere with the investigation at this stage. Considering the public interest that is involved in this case and the fact that several persons have made the deposit and were not repaid the money, this Court is not in a position to interfere with the investigation at this stage. If the petitioner wants to settle the depositors, she can always do so even when the investigation is pending and it does not require the appointment of the commissioner by this Court. In a case of this nature, this Court will not interfere with the investigation.

In the result this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar mpa/rpl To 1.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28143 of 2018 PA(CO) GMY(09/01/2019) https://hcservices.ecourts.gov.in/hcservices/