S.Rakshana v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13652 of 2025 and Crl.M.P.(MD)No.10884 of 2025 S.Rakshana ... Petitioner versus
1. The State represented by The Inspector of Police, Musuri Police Station, Trichy District.
2. Mahendran
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.468 of 2023 pending on the file of the Inspector of Police, Musiri Police Station, Trichy, the 1st respondent herein and quash the same.
For Petitioner : Mr.A.Senthilkumar For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side)
ORDER
The petitioner is the accused No.3 in Crime No.468 of 2023. The respondent Police has registered the said case as against the petitioner and 1/5
her parents in Crime No.468 of 2023 on the complaint of the 2nd respondent/defacto complainant for the offence under Sections 406, 420 and 506(i) IPC that the petitioner and her parents have collected money under the guise of chit fund from the defacto complainant and others and cheated to the tune of Rs.14,84,000/-. The petitioner has filed this petition seeking to quash the FIR in Crime No.468 of 2023 registered against her.
2. The learned counsel appearing for the petitioner submits that the petitioner is in no way connected with the chit fund run by her parents, namely, A1 and A2. He further submits that the petitioner, a school going girl, has also been added as an accused in order to coerce and in order to harass A1 and A2. The learned counsel has also pointed that there is no specific allegation as against the petitioner in the FIR for the commission of offence.
3. The learned Government Advocate (Crl. Side) submits that the chit fund was conducted in the name of the petitioner, ie. Raskshana Chit Fund. He further submits that the petitioner has also received money from the defacto complainant and others and issued receipts on behalf of the Rakshana Chit Fund. According to him, it is a matter for investigation and 2/5
during the investigation only, it would reveal whether the petitioner actively participated in the crime along with her parents or not.
4. This Court considered the rival submissions made.
5. Admittedly, the petitioner is the daughter of A1 and A2. She is aged about 19 years and she is a school going girl. The defacto complainant/second respondent has lodged the above complaint as against A1 and A2 that they have cheated him and others to the tune of Rs.14,84,000/-. In the complaint, the second respondent has not mentioned anything about the petitioner. However, the learned Government Advocate (Crl. Side) claims that the petitioner has received money and also issued receipts to various persons in various occassions. Whether the petitioner actively involved in the crime or not, is a matter for investigation.
6. The investigation is a process of finding out the truth. The investigating agency is not expected to conduct the investigation in a mechanical manner. The investigating agency has to conduct the investigation in a fair manner, by considering the grounds raised by the petitioner in this petition and also find out whether the petitioner is actively 3/5
participated in the crime or not.
7. With a hope that the investigation agency would conduct the investigation in a proper manner, this Criminal Original petition is closed. Consequently, connected miscellaneous petition is closed. 18.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To
1. The Inspector of Police, Musuri Police Station, Trichy District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
ogy Crl.OP(MD)No.13652 of 2025 18.08.2025 5/5