Okoto @ Okoto Kelechi John v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30230 of 2018 and Crl.M.P.No.17761 of 2018 Okoto @ Okoto Kelechi John

...Petitioner/Sole Accused

Vs.

The State rep. by The Inspector of Police, Tiruppur North Police Station, Tiruppur, Tiruppur District.

...Respondent/Complainant

Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the case diary with regard to the First Information Report registered in Crime No.1030 of 2013 on the file of the respondent police herein and quash all further proceedings therein against the petitioner / Sole accused.

For Petitioner : Mr.G.Saravanan For Respondent : 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.1030 of 2013, pending on the file of the respondent police.

2. The respondent police have registered an FIR against the petitioner, who is Nigerian (Nationality Nigeria) for an offence under Section 489 (B), (C) of Indian Penal Code, for possessing a counterfeit note.

3. The learned counsel for the petitioner would submit that this FIR was registered in the year 2013 and till date no final report has been filed. The learned counsel would further submit https://hcservices.ecourts.gov.in/hcservices/

that unless and otherwise there is an intention to posses a counterfeit note, after knowing that the currency is a counterfeit note and thereafter, the petitioner uses it, no offence can be made out against the petitioner.

4. The learned Additional Public Prosecutor would submit that since it involves counterfeit note and the petitioner is a foreign national, the respondent police must be permitted to investigate the case.

5. This Court does not want to interfere with the investigation at this stage and a thorough investigation is required in a case of this nature.

6. Accordingly, this criminal original petition is disposed of, with a direction to the respondent police to complete the investigation and file a final report within a period of two months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. nmm/dss Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Tiruppur North Police Station, Tiruppur, Tiruppur District.

2.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.30230 of 2018 and Crl.M.P.No.17761 of 2018 ssv(CO) kak(31/01/2019) https://hcservices.ecourts.gov.in/hcservices/