Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD)No.4156 of 2021 1.Murugesan 2.Kanthasamy ... Petitioners/Accused Nos.7 & 8 Vs.
1.The State rep. by The Inspector of Police, District Crime Branch (DCB), Madurai District (Crime NO.28 of 2020) ... 1st Respondent/Complainant 2.S.Sivakumar ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the First Information Report in Crime No.28 of 2020 on the file of the first respondent police and quash the same as illegal in so far as the petitioners are concerned.
For Petitioners : Mr.Gandhi For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor
ORDER
This petition has been filed to quash the First Information Report in Crime No.28 of 2020 on the file of the first respondent police in so far as the petitioners are concerned. 2.The brief facts which are necessary for disposal of this petition are as follows:
i) The second respondent herein gave a complaint to the first respondent containing the following allegations: He is a partner of 'Muthuvel Auto Finance' a Company in Karur. There are 17 partners, the accused 3 and 4 are also among them. They approached the first accused for purchasing a property on 25.06.2013 itself. The first accused has sold the property under a registered sale deed. The first petitioner herein has created encumbrance over the property. The second petitioner herein signed as a witness in the document. On 10.06.2014, by impersonating the Manager, the first accused cancelled the sale deed. On the basis of the complaint given by the second respondent herein a case in Crime No. 28 of 2020 for the offences under Sections 120(B), 468, 471, 419, 406, 420 IPC has been registered. The petitioners are arrayed as the accused 7 and 8. 1/3
ii) On an earlier occasion, the case in Crime No.41 of 2020 has been registered on the file of the Central Crime Branch, Madurai, for the offences under Sections 120(B), 419, 420, 463, 465, 468 and 471 IPC against the petitioner and 4 other accused. iii) The first accused in Crime No.41 of 2020 filed anticipatory bail petition before this Court. On the basis of the direction given by this Court during the hearing of anticipatory bail, the petitioner has executed a release deed in favour of the defacto complainant on 30.07.2020. Recording the same, on 05.08.2020 anticipatory bail was granted and now the property is in the hands of the defacto complainant's finance company.
3. In the above backdrop, the present petition is filed seeking quashment of the First Information Report in Crime No. 28 of 2020. From the narration of the above facts, it is seen that two cases have been registered for the same cause of action. In view of settled principle of law, second complaint cannot be registered for the very same offence. It has been repeatedly held by this Court that no second FIR can be registered without setting out new facts and circumstances.
4. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent police submits that the First Information Report, impugned in this criminal original petition, has been clubbed along with another First Information Report in Crime No.41 of 2020 on the file of the Central Crime Branch, Madurai, registered for the offences under Sections 120(B), 419, 420, 463, 465, 468, 471 IPC. Since the subsequent First Information Report has been clubbed along with the earlier First Information Report, nothing survives for adjudication in this petition. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Inspector of Police, District Crime Branch (DCB), Madurai District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.GANDHI, Advocate ( SR-21010[F] dated 02/07/2021 ) and Crl.M.P(MD)No.4156 of 2021 01.07.2021 KK(08.07.2021) 3P 4C 3/3