Uma Maheswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.2964 of 2024 and Crl.MP(MD) No.2328 of 2024 Uma Maheswari ... Petitioner Vs The Inspector of Police, District Crime Branch, Trichirappalli.

Cr.No.481/2017.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to CC.No.605 of 2022 on the file of the Judicial Magistrate No.I, Trichirappalli and quash the same as against the petitioner as illegal. For Petitioner : Mr.K.Subburam For Respondent : Mr.P.Kottaichamy Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition is filed to quash the proceedings in CC.No.605 of 2022 on the file of the Judicial Magistrate No.I, Trichirappalli, insofar as the petitioner is concerned. 1/4

2.This is the case of job racketing. The case of the prosecution is that this petitioner along with the first accused is said to have received money from various persons to secure job in TNPL, Karur and failed to repay the same. Therefore, a case in Crime No.481 of 2017 has been registered as against the accused persons for the offence under Sections 408, 420 and 468 IPC and the same was taken on file in CC No. 605 of 2022 by the learned Judicial Magistrate No.I, Trichy. 3.The learned Counsel for the petitioner has raised various grounds to quash the above proceedings as against the petitioner that the petitioner is a victim at the hands of the first accused. According to the petitioner, there is no relationship between the petitioner and the first accused in the year 2016.

4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the official respondent strongly objects for quashing the proceedings in CC No.605 of 2022 and submits that the grounds raised by the petitioner is a matter for trial. 2/4

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first respondent.

6.Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to raise all these grounds before the trial Court, during trial. Consequently, connected miscellaneous petition is closed.

23.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Inspector of Police, District Crime Branch, Trichirappalli.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.2964 of 2024 and Crl.MP(MD) No.2328 of 2024 23.04.2024 4/4