Santhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6054 of 2015 and M.P(MD).No.1 of 2015 1.Santhi 2.R.Selvam ....Petitioners/Accused Nos.1 & 2 Vs

1. The Inspector of Police D1 Thallakulam Crime Police Station Madurai City ..1st Respondent/Complainant

2. T.Rengarajan ..2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to Crime No.104 of 2015 on the file of the respondent police and quash the same.

For Petitioners : Mr.J.Lawrance For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed to call for the records pertaining to Crime No.104 of 2015 on the file of the respondent police and quash the same.

2.The learned counsel for the petitioners would submit that a false complaint has been lodged as against the petitioners. Admittedly, the petitioners borrowed a sum of Rs.2,50,000/- from the second respondent. It is now altered into the case of job racketing. Therefore, the petitioners are no way connected with the allegations as alleged in the First Information Report. It is completely a false case as against the petitioners. Therefore, he seeks to quash the F.I.R.

3.The learned Government Advocate (Crl.Side) would submit that investigation is almost completed and yet to file the charge sheet.

https://hcservices.ecourts.gov.in/hcservices/ 4.It is seen from the F.I.R that it is a clear case of job racketing. The learned counsel for the petitioners admitted the fact

that the petitioners received a sum of Rs.2,50,000/- from the defacto complainant. Further, it is seen from the F.I.R that there are serious allegations as against the petitioners and it has to be gone into in a full fledged investigation. Therefore, the F.I.R cannot be quashed on its threshold.

5.Considering the submission made by the learned Government Advocate (Crl.Side), the first respondent is directed to file the final report within a period of six weeks from the date of receipt of a copy of this order.

6.With this direction, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Inspector of Police D1 Thallakulam Crime Police Station Madurai City

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai MSA KM/BK/SAR3/18.12.2018/2P/3C Crl.O.P.(MD).No.6054 of 2015 and M.P(MD).No.1 of 2015 12.10.2018 https://hcservices.ecourts.gov.in/hcservices/