R.Vetrivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12/06/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.6840 of 2023 and Crl.MP(MD)No.5948 of 2023 R.Vetrivel : Petitioner/A3 Vs.
1.State rep.by The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.
(In Crime No.47 of 2023) : R1/Complainant 2.Thamaraikannan : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the Crime No.47 of 2023 on the file of the 1st respondent and quash the same as illegal and pass such further or other orders. For Petitioner : Mr.R.Murugappan For 1st Respondent : Mr.R.Suresh Kumar Government Advocate (Criminal side)
O R D E R
This criminal original petition has been filed seeking quashment of the FIR in Crime No.47 of 2023 on the file of the 1st respondent.
2.The case of the prosecution, as mentioned in the FIR, that the de-facto complainant has stated that one Selvaraj, S/o.Viswanathan was know to him for many years. He informed him that Hindustan Scouts & Guides recognised by Government of India, Ministry of Youth Affairs & Sports, proposed to appoint employees and stated that he is capable of getting appointment. That was also confirmed by his wife namely Gayathri. Believing the words of Selvaraj and his wife for the purpose of getting appointment for his wife, he paid Rs.6,00,000/-, on 23/11/2020, in turn, they introduced one Vetrivel, who belongs to a political party. In his account, he deposited Rs.3,00,000/-. The appointment order was given on the next day. His wife also joined duty. For about one year, she used to attend the office, but no work was given. When doubt raised, they made enquiry. At that time, they came to know that the above said Department is not a recognized one by the Central Government. They came
to know that they were cheated. From June 2020, she discontinued the work. The first accused and his wife promised to return the money. On 04/02/2023 at about 09.00 pm, when again, the de-facto complainant enquired the first accused Selvaraj about money, he was assaulted in a drunken mood, criminally intimidated and assaulted by stick. On the basis of the above said occurrence and issue, he lodged a complaint, upon which, a case in Crime No.47 of 2023 was registered for the offences under sections 406, 420, 323 and 506(i) IPC.
3.Now seeking quashment of the same, pending investigation, this petition has been filed by the petitioner on the ground that even as per the FIR, the allegation of his involvement is not mentioned; It has been simply stated that this petitioner was introduced to the de-facto complainant and his wife by A1 and A2; Even as per the allegation, the amount was deposited in his account only by A2. So, according to him, this petitioner is no way involved in the affair between the de-facto complainant and A1 & A2.
4.Heard both sides.
5.A clear prima facie case of cheating, fabrication of records, etc. The de-facto complainant and his wife was made to believe that Hindustan Scouts & Guides, Department of Youth Affairs & Sports is a recognized Central Government Enterprise. They have also issued ID Card stating that Saranya, the wife of the defacto complainant is working as Junior Guide Captain in the above said Department. Later, came to know that it is a fake one and the joining letter is also a created one, so also the appointment letter, etc. The document collected during the course of investigation, as mentioned above, shows prima facie ground for proceeding. Similarly, the payment of Rs.3,00,000/- from the account of this petitioner has also been recovered. The Bank details have also been collected. The investigation is underway.
To stall the above said investigation, this petition has been filed, even without any basis materials.
working as National Executive Committee Member and contested the election trice. During that time, the first petitioner was working as Police Security Officer. Taking advantage of his position, he cheated the de-facto complainant and received money from the de-facto complainant and this petitioner cannot be held responsible. Similarly, one Prasanth Uthaman has submitted before the bail court that the de-facto complainant's wife joined job knowing fully well that Hindustan Scouts & Guides is not a recognized Association by the Ministry of Youth Affairs & Sports and working in the Association for about 1-1/2 years and received money of Rs.1,71,000/-. Later, he resigned the job and now making the complaint. The total amount due to be payable by him was Rs.4,00,000/-. Out of which, he already paid Rs.2,00,000/- and the remaining Rs.2,00,000/- will be deposited. On that account, anticipatory bail was granted to both the persons namely Prasanth Uthaman and this petitioner namely R.Vetrivel.
6.Whether the above said Association is a recognized one or not is a matter for consideration by the Investigating Officer. Whether the de-facto
complainant has been purposely cheated also can be considered at the time of investigation, and if the final report filed, at the time of trial.
7.When specific allegation has been made to the effect that Rs.3,00,000/- was deposited in the account of this petitioner and his involvement is alleged, the investigation must be taken to its logical conclusion. It is too a premature stage to entertain this petition. Simply, it has been stated that it is a political vendetta with a mala fide intention. Nothing more worthy consideration has been stated. So, I find no merit in this petition.
8.In the result, this criminal original petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
12/06/2023 Index:Yes/No Internet:Yes/No er
To, 1.The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.ILANGOVAN, J
er Crl.OP(MD)No.6840 of 2023 12/06/2023