Subha Jeyanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.9913 of 2024 and Crl.MP(MD) No.6758 of 2024 Subha Jeyanth ... Petitioner Vs 1.The Inspector of Police, District Crime Branch, Kanyakumari District.
Crime No. 6/2023.
2.A.Anchu, W/o Sreeju, Branch Manager, Muthoot Mini Finance Ltd, Azhagiyamandapam Branch, Kanyakumari District.
...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No. 6 of 2024 pending investigation on the file of the 1st respondent police and quash the same.
For Petitioner : Mr.V.Balaji For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.side) 1/6
O R D E R
This Criminal Original Petition is filed to quash the First Information Report in Crime No. 6 of 2024, pending investigation on the file of the first respondent police.
2.The case of the prosecution is that on mobile information received from one Sobitha (2), staff of Catholic Syrian Bank on 23.02.2024 to take over a jewel loan that was pledged by one Arun Joshie (A5) with the Catholic Syrian Bank, the defacto complainant/the Manager of Muthoot Mini Finance Limited, Azhagiyamandapam Branch was instructed to hand over a sum of Rs.25,38,000/- to Arun Joshie (A5), who was standing outside the Bank premises. Believing the words of A2, the defacto complainant handed over a sum of Rs.25,38,000/- to A5 and obtained jewels wrapped in a paper. Therefore, she came to know that those jewels were spurious. Therefore, based on her complaint, dated, 04.03.2024, a case in Crime No.6 of 2024 has been registered as against the petitioner for the offence under Sections 120B, 406 and 420 of IPC. 2/6
3.The learned Counsel for the petitioner claims that she is the Manager of the Bank and she is not having any role in the commission of offence. The petitioner has also taken a ground that there is a delay of 79 days in lodging the complaint.
4.The learned Government Advocate (Criminal Side) appearing for the first respondent submits that the case was registered only on 11.05.2024 and the investigation is under progress. 5.This court considered the rival submissions made. 6.The case is pending at the stage of investigation. The grounds raised by the petitioners can very well be considered by the investigating officer during the course of investigation. The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The investigating officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused. The grounds raised by the 3/6
petitioner herein can very well be appreciated by the investigating officer during the course of investigation.
7.The motto of the government in its emblem is Truth Alone Triumphs and therefore, it is the responsibility of every government servant including the investigating officer to discharge their duty as expected by the government and to ensure Truth alone Triumphs. 8.Therefore, this petition is closed with liberty to the investigating officer to conduct the investigation by considering the points raised in this application, during the course of investigation and shall conclude the investigation within a period of six months either by filing final report or with a closure report. Consequently, the connected miscellaneous petition is closed.
09.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn 4/6
To 1.The Inspector of Police, District Crime Branch, Kanyakumari District.
Crime No. 6/2023.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.9913 of 2024 and Crl.MP(MD) No.6758 of 2024 09.07.2024 6/6