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Madras High CourtCRL OP(MD)/8100/2021closed

Sundar v. The Inspector Of Police

2023-04-13Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)No.4174 of 2021

1. Sundar

2. Murugan .. Petitioners/Accused Nos.1 & 2 Vs.

1.State represented by, The Inspector of Police, Theni Police Station, Theni District.

(Crime No.344 of 2021) 2.Vijaya .. Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the Crime No.344 of 2021 dated 04.05.2021 on the file of the Inspector of Police, Theni Police Station, Theni District.

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For Petitioner : Mr.R.Suriyanarayanan For R1 : Mr.M.Muthumanikkam, Government Advocate(Criminal side)

ORDER

The petitioners/Accused Nos.1 & 2 have filed this petition to quash the Crime No.344 of 2021, pending on the file of the first respondent police, wherein they are said to have committed the offence under Sections 406, 420, 294(b) and 506(i) IPC.

2. The case of the prosecution is that the defacto complainant has given a sum of Rs.10 lakhs to the first petitioner for adding her as a partner in the upcoming business of Petrol Bunk in the year 2018, for which the first petitioner has given four promissory notes in favour of the defacto complainant. Even after lapse of nearly three years, the first petitioner has not settled the said loan amount to the defacto complainant. When the defacto complainant came to know about the another cheating case of the first petitioner in Daily Newspapers, she went to meet him Page No.2 of 5

at his house. On the way to his house, the second petitioner met her and when she asked about the loan amount, he abused her using filthy language and threatened her with dire consequences. Hence the complaint.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal side) submitted that after completion of investigation, charge sheet has been filed before the learned Judicial Magistrate, Theni and the same was taken on file in C.C.No.139 of 2021.

4. Recording the submission made by the learned Government Advocate (Criminal side), this Criminal Original Petition stands closed with liberty to the petitioners to work out their remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. 13.04.2023 Internet: Yes/No Index : Yes/No PJL Page No.3 of 5

To

1. The Inspector of Police, Theni Police Station, Theni District.

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

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K.K.RAMAKRISHNAN,J.

PJL Crl.OP(MD)No.8100 of 2021 and Crl.M.P(MD)No.4174 of 2021 13.04.2023 Page No.5 of 5