Madras High CourtCRL OP(MD)/4987/2017closed

Saharban Beevi v. The Inspector Of Police

2017-04-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4987 of 2017 and Crl.M.P.No.3525/2017 Saharban Beevi ... Petitioner -vs1. State represented through The Inspector of Police Kilakarai Police Station, Ramanathapuram District Crime No.87/2015

2. R.Ramesh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the entire records pertaining to FIR in Crime No.87 of 2015 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.S.A.S.Salaudeen For 1st Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed for a direction to quash the case in Crime No.87 of 2015 against the petitioner. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the 1st respondent. 3.On the complaint lodged by the 2nd respondent, the first respondent registered a case in Crime No.87/2015 on 25.05.2015 under Sections 489(B) and 489(C) IPC against the petitioner herein. Challenging which, the petitioner is before this Court. 4.The complainant in this case is the Chief Manager of the State Bank of India, Keelakarai Branch. The case of the complainant is that when the petitioner came to the Branch and wanted to redeem her jewels and for that she gave Rs.73,710/-. When the Cashier inspected the notes, he found that four numbers of Rs.1,000/- denomination of currency notes to be counterfeit. https://hcservices.ecourts.gov.in/hcservices/

Therefore, he brought to the notice of the Chief Manager and on the basis of the complaint given by the Chief Manager, the present case has been registered.

5.The learned counsel for the petitioner submitted that even in the FIR, it is stated that the petitioner told the Chief Manager that the amount was given by her brother-in-law (A2) Mohammed Fajith and therefore, this petitioner cannot be mulcted with criminal liability.

6.Per contra, the learned Government Advocate submitted that the investigation is at infancy stage and that in a case of counterfeit currency, the FIR cannot be easily quashed, as that will result to serious consequences.

7.Since there are prima facie materials against the petitioner, who has given the counterfeit notes at the counter, the FIR cannot be quashed at the threshold.

8.In the result, this petition is dismissed with a direction to the respondent police to expeditiously conduct the enquiry and complete the investigation. The Deputy Superintendent of Police, Keelakarai Sub Division, is directed to monitor the investigation in Crime No.87/2015 on the file of the respondent police. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To:

1. The Deputy Superintendent of Police, Keelakarai Sub Division, Ramanathapuram District.

2. The Inspector of Police Kilakarai Police Station, Ramanathapuram District

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

+ 1 CC TO Mr.S.A.S.ALAUDEEN, ADVOCATE IN SR No. 53580 RR TE/JC/SAR-IV : 08/05/2017 : 2P/5C Crl.O.P.(MD)No.4987 of 2017 and Crl.M.P.No.3525/2017 24.04.2017 https://hcservices.ecourts.gov.in/hcservices/