Madras High CourtCRL OP(MD)/20833/2021dismissed

Charles v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20833 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20833 of 2021 and Crl.M.P.(MD)No.11939 of 2021 Charles ... Petitioners / Accused No.1 Vs 1.The State rep. by The Inspector of Police, West Police Station, Virudhunagar.

(Crime no.172/2021) ... 1st Respondent/Complainant 2.Velraj ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime no.172 of 2021 on the file of the first respondent police and quash the same in respect of the petitioner / accused No.1. For Petitioner : Mr.G.Mariappan For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for R1.

2. The petitioner is shown as accused in Crime No.172 of 2021 registered on the file of the first respondent for the offences under Sections 406 and 420 of IPC.

3. The defacto complainant alleges that the petitioner induced him to part with a sum of Rs.6,00,000/-. But then, an appointment order that was issued to him turned out to be a bogus one. This is a case of job racketing.

4. The petitioner's counsel states that the petitioner is also a victim and that the second respondent is falsely targeting him. The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.

5. It is not possible for this Court to go into the said contentions. It is for the investigation to unravel the truth. It may be quite possible that the petitioner is also a victim. It is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20833 of 2021 also stated that the second respondent made the payment directly to the prime accused. Be that as it may, these are matters for investigation. The impugned FIR cannot be quashed as far as the petitioner is concerned. Leaving open the petitioner's defences and contentions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, West Police Station, Virudhunagar.

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

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-40364[F] dated 23/12/2021 ) Crl.O.P(MD)No.20833 of 2021 23.12.2021 SMU(CO) KB(19.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2