Madras High CourtCRL OP(MD)/4395/2015partly allowed

M. Saravanan v. The State Rep. By

2019-09-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4395 of 2015 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4395 of 2015 and M.P(MD)No.1 of 2015

1. M.Saravanan

2. S.Packiyalakshmi ... Petitioners/ Accused Nos.1 and 2 Vs.

1. The State represented by, The Inspector of Police, Thirunagar Police Station, Madurai.

(Crime No.382 of 2014) ... Respondent/Complainant

2. V.Raja ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records/First Information Report pertaining to crime No.382 of 2014 on the file of the first respondent and quash the same.

For Petitioners : Mr.R.Narayanan For R-1 : Mr.A.Robinson, Government Advocate (Crl. Side).

For R-2 : No appearance.

O R D E R

The petitioners herein want this Court to quash the impugned First Information Report. According to the petitioners' counsel, it is a case of borrowing a sum of money as loan from the defacto complainant and failure to repay the same.

2. I am unable to agree with the said submission. A mere reading of the First Information Report would indicate that the petitioners gave false assurances to the second respondent herein and induced him to part with certain sum of money.

3. In any event, this is a matter for investigation. The inherent powers of this Court cannot be invoked in such cases. I find no merit in this Criminal Original petition. The Criminal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4395 of 2015 and Original petition stands dismissed, accordingly. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (RECORD) // True Copy // / /2020 Sub Assistant Registrar(CS) PMU To:

1. The Inspector of Police, Thirunagar Police Station, Madurai.

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

+1 CC to MR.R. NARAYANAN, Advocate ( SR-90824[F] dated 01/10/2019 ) Crl.O.P.(MD)No.4395 of 2015 27.09.2019 KM/(07.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2