Mary Saroja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.3788 of 2019 and Crl.M.P.(MD).No.2225 of 2019 1.Mary Saroja 2.Thatheyus 3.Auridhas ... Petitioners / Accused Nos.1 to 3 Vs 1.The State of Tamil Nadu, represented by the Inspector of Police, Colachel Police Station, Kanyakumari District.

...Respondent / Complainant

(Crime No.254 of 2018) 2.Ramani

...Respondent / De facto complainant

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.254 of 2018, on the file of the first respondent and quash the same. For Petitioner: Mr.A.Rajkumar Sen For R1 & R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

O R D E R

The present petition is filed to quash the First Information Report registered in Crime No.254 of 2018, for the offences under Sections 406, 420 and 34 I.P.C. 2.It is alleged in the First Information Report that the petitioners herein have been running un-registered chit, wherein the de facto complainant / second respondent has basic subscription and has been contributed some amounts and at the end of the chit period, all the money due to be paid to the petitioner has not been repaid.

3.On going carefully through the First Information Report, this Court is satisfied that the prima facie materials alleged therein indicate the commission of offences and the involvement of https://hcservices.ecourts.gov.in/hcservices/

the present petitioners. Therefore, this Court does not want to interfere with the course of investigation at this stage. Hence, the Criminal Original Petition stands dismissed. The petitioners are however will be at liberty to challenge the final report as and when, the same is filed by the Investigating Agency, if there are grounds to challenge the same exist. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Colachel Police Station, Kanyakumari District.

` 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. TSG Crl.O.P.(MD).No.3788 of 2019 13.03.2019 KM/(02.04.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/