Madras High CourtCRL OP(MD)/6300/2016dismissed

Velu @ Velusamy v. The Inspector Of Police

2020-01-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.OP.(MD) No.6300 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.6300 of 2016 and Crl.M.P.(MD)No.3131 of 2016 1.Velu @ Velusamy 2.Paulraj ... Petitioners/Accused 1 & 2 -vs1.State represented by The Inspector of Police, Sathur Taluk Police Station, Virudhunagar District.

(In Crime No.127 of 2015) ... Respondent / Complainant 2.Vinoth ... Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the proceedings in the First Information Report in Crime No.127 of 2015 pending on the file of the 1st respondent and quash the same.

For Petitioners: Mr.K.Kannan For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The petitioners are shown as accused in Crime No.127 of 2015 registered on the file of Sattur Taluk Police Station for the offences under Sections 420 and 506(i) IPC. The second respondent herein is the defacto complainant. The case of the defacto complainant is that induced by the assurances let out by the petitioners, they are parted with fire crackers and that the petitioners did not honour the representation. 2.According to the second respondent, the petitioners had dishonest intention at the very inception. According to the second respondent, he has suffered a loss to the tune of Rs.10 Lakhs. https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.OP.(MD) No.6300 of 2016 3.The petitioners have moved this Court at the First Information Report stage. Whether the petitioners had dishonest intention or not, it is for the prosecution to unravel. At this stage, I am not inclined to exercise the inherent powers under Section 482 of Cr.P.C. Accordingly this Criminal Original Petition is dismissed. It is made clear that I have not gone into the merits of the matter. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector of Police, Sathur Taluk Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.6300 of 2016 and Crl.M.P.(MD)No.3131 of 2016 07.01.2020 pnn SDS (24.02.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2