Madras High CourtCRL OP(MD)/1680/2022disposed of

Panjal v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1680 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1680 of 2022 and Crl.MP(MD)No.1221 of 2022 1.Panjal 2.Valli 3.Sekaram 4.Saranyadevi 5.Pandiyarani 6.Meena ... Petitioners/Accused Nos.2 to 7 Vs.

1.The State rep by The Inspector of Police, District Crime Branch (DCB), Sivagangai District.

(Crime No.28 of 2021) ... 1st Respondent/Complainant 2.Ganeshpandian ... 2nd Respondent/Defacto-Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.28 of 2021, dated 16.11.2021 on the file of the Inspector of Police, DCB, Sivagangai District and quash the same insofar as these petitioners are concerned.

For Petitioners : Mr.D.S.HAROON RASHEED, Advocate For R1 : Mr.M.SAKTHI KUMAR, Government Advocate (Crl.Side)

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the first respondent. Considering the nature of relief to be granted, issuance of notice to the second respondent is dispensed with. 2.The petitioners are figuring as accused in Crime No.28 of 2021 registered on the file of the first respondent. The second respondent is the de-facto complainant.

3.According to the learned counsel for the petitioners, the entire crime was committed by the first accused, who was the jewel appraiser in the complainant bank. He is said to have committed suicide also. According to the learned counsel, the names of the petitioners have been misused by A1. It is also stated that the CCTV https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1680 of 2022 footage was verified by the earlier Investigation Officer and that it was obvious that the petitioners are not at all involved. 4.In view of the contentious nature of the facts involved, I decline to entertain this petition. Interest of justice will be served by directing the first respondent to take note of all the contentions raised in this memorandum of grounds. If the factual aspect raised in the memorandum of grounds is found to be true, certainly, the first respondent will delete the names of the petitioners, while filing the final report. I am certain that the first respondent will conduct an impartial investigation. 5.With these observations, this Criminal Original Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Inspector of Police, District Crime Branch (DCB), Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.1680 of 2022 and Crl.MP(MD)No.1221 of 2022 31.01.2022 SA (17.02.2022) 2P 3c https://hcservices.ecourts.gov.in/hcservices/ 2/2