Kosamattam Finance Company v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD)No.1743 of 2025 Kosamattam Finance Company, Represented by its, Regional Manager, R.Ramesh.

... Petitioner Vs.

1.The State of Tamil Nadu, The Inspector of Police, Uthumalai Police Station, Tenkasi District.

Tenkasi.

2.Murugaathal ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to call for the entire records connected to the summons, dated 27.01.2025 issued by the first respondent and quash the same and pass appropriate orders as this Court.

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For Petitioner : Mr.S.Malaikani For R-1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to call for the entire records connected to the summons, dated 27.01.2025 issued by the first respondent and quash the same.

2. According to the petitioner, the first respondent issued the impugned summons without stating the reasons. The respondent issued summon stating that the petitioner-Company has to permit the owners of the jewels mentioned in the summons to identify them but nothing has been stated therein as to how they came to know that what are all the jewels connected to the FIR and their owners. Therefore, the summons impugned is without any basis.

3. The learned Government Advocate (Crl. Side) appearing for the first respondent would submit that for investigation purpose, they issued summons in respect of Crime No.20 of 2024 for the offences under Sections 294(b), 406, 420 and 506(1) of the Indian Penal Code, 1860. But the petitioner has not 2/5

appeared for the summons. However, the summon is only for particular date (i.e.,) on 27.01.2025 and the same was lapsed. Therefore, nothing survives for further adjudication in the present case.

4. Since the summon is for a particular date on 27.01.2025 and the same was already lapsed, nothing survives for further adjudication in the present case. However, according to the petitioner, there are no any particulars in the summons as to what purpose they have been called for. Therefore, it is for the first respondent to issue summons in accordance with law, if necessary arises.

5. Accordingly, this Criminal Original Petition stands closed. Consequently, connected Miscellaneous Petition stands closed. 17.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

Tenkasi.

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

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P.DHANABAL, J.

BTR 17.03.2025 5/5