Robert Nirmal Singh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.8592 of 2022 1.Robert Nirmal Singh 2.Robi Mohan 3.Mangalam Mary 4.Herma 5.Stella Mary ... Petitioners Vs.

1.The Inspector of Police, District Crime Branch, Kanyakumari, Kanyakumari District.

(Crime No.49 of 2021) 2.Renjith ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the first information report in Crime No.49 of 2021 on the file of the first respondent and quash the same.

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For Petitioners : Mr.C.Jeganathan For R1 : Mr.S.Manikandan, Government Advocate (Crl. Side) For R2 : Mr.Niranjan S.Kumar

ORDER

This Criminal Original Petition has been filed to quash the first information report in Crime No.49 of 2021 on the file of the first respondent Police.

2.The case of the prosecution is that the second respondent is the Manager of Anugraha Trust and he said trust having so many women self-help groups and the trust recommended the said self-help groups for borrowing loans from the bank of India and the said loan was cleared through the said Trust. During the month of December 2018, the petitioners had propagated that the loans are given by the Trust alone and 2/6

no bank sanctioned the loan. Further, they propagated that the Trust is having so many cases and the same was closed for the past four months and therefore, the loan need not be repaid to the Trust. Thereafter, the petitioners abused the second respondent in filthy language and also threatened him with dire consequences. Therefore, the second respondent filed a complaint before the learned Judicial Magistrate No.I, Nagercoil and based on the directions of the learned Magistrate, the first respondent registered a case in Cr.No.49 of 2021 for the offence punishable under Sections 120(b), 417, 426, 500, 503, 341, 294(b), 506(i), 392 and 511 IPC. Challenging the same, the present petition came to be filed. 3.

The learned counsel appearing for the petitioners submitted that the petitioners filed a petition for anticipatory bail before this Court in Crl.O.P.(MD)No.18966 of 2021 and this Court granted anticipatory bail to the petitioners on 08.03.2022. Aggrieved by the same, the second respondent herein filed a cancellation of bail before this Court in Crl.M.P.(MD)No.6864 of 2022 in Crl.O.P.(MD)No.18966 of 2021, in which, Mrs.N.

by the complainant is civil in nature and the said case is not serious in nature and further, during her investigation, till date there is no evidence as against the petitioners herein in order to prove the criminal offence. Accordingly, he prayed to quash the impugned first information report. 4.In view of the counter statement filed by the Sub Inspector of Police dated July 2022 in Crl.M.P.(MD)No.6864 of 2022 in Crl.O.P. (MD)No.18966 of 2021, this Court directs the first respondent to complete the investigation in Cr.No.49 of 2021, within a period of four weeks from the date of receipt of a copy of this order, in the manner known to law. The second respondent is at liberty to workout his remedy in the manner know to law.

5.In the result, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. 29.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The Inspector of Police, District Crime Branch, Kanyakumari, Kanyakumari District.

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

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M.DHANDAPANI ,J.

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