S.Venkadesan v. The Inspector of Police

ORDER This Criminal Original Petition has been filed to quash the proceedings in C.C.No.272 of 2018 pending on the file of the learned Judicial Magistrate No.V, Madurai.

¶2The case of the complainant is that the first accused has made an assurance that he will allot two plots for a consideration of Rs.3,00,000/-for each plots. After receiving the total amount, the first accused has not allotted the plots as promised and also alleged that the petitioner has refused to return the said amount. On reading of the entire final report, it came to know that there was a contract between A1 and the defacto complainant with regard to the allotment of plot by A1 to the complainant, not by the petitioner to the defacto complainant.

¶3The petitioner and the other accused conspired together and cheated the defacto complainant. According to the defacto complainant, the petitioner and the other accused conspired together and cheated the petitioner by making false representation that they are the rightful owner of the Saravana Township. Pursuant to which, the investigating agency collected number of materials which shows about the conspiracy in between the accused. More particularly, the statement under Section 161(3) of Cr.P.C., would prove the conspiracy between the accused and the defacto complainant, which reads as follows: mjd;gpwF xU ehs; Nkw;gb NrhkRe;juk; vd;idAk; vd; jk;gp kidtp rpd;djhiaAk; kw;Wk; uhN[e;jpud; mth;fisAk; $l;bf;nfhz;L Nkw;gb rutzh lTd;rpg;gpd; Nkyhsh; ntq;fNlrd; vd;gtiu re;jpf;f nra;jhh;. Nkw;gb ntq;fNlrd; vq;fis ghh;j;J jpU.NrhkRe;juk; mth;fSf;F jq;fSila rutzh lTd;rpg;gpy; PHASE II y; gphpf;fg;gl;l ,lj;jpy; gpshl; vz;.81.82 4 tJ 5tJ njUtpYs;s ,uz;L gpshl;Lfs; xJf;fPL nra;J cWjpnra;ag;gLfpwJ vd;W Nkw;gb ntq;fNlrd; jdJ Rgprh GnuhNkhl;lhh; Ngby; vOjpf;nfhLj;jhh;.

¶4The other witnesses also spoke about the same set of allegation. In the said circumstances, this Court is not inclined to entertain the quash petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected criminal miscellaneous petitions are closed.

24.11.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No sbn To

1.The Judicial Magistrate No.V, Madurai.

¶2The Inspector of Police, Kurangani, Bodinayakannur Taluk, Theni District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J. sbn Crl.O.P(MD).No.14646 of 2020 and Crl.M.P(MD).Nos.6907 and 6908 of 2020

24.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD).No.14646 of 2020 and Crl.M.P(MD).Nos.6907 and 6908 of 2020 S.Venkadesan ... Petitioner Vs. 1.The Inspector of Police, S.S.Colony Police Station, Madurai City, (Crime No.1461 of 2016) 2.Krishnasamy ...Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records of C.C.No.272 of 2018 pending on the file of the learned Judicial Magistrate No.V, Madurai, and quash the same as illegal. For Petitioner : Mr.V.Angusamy For Respondents : Mr.M.Muthumanikkam, Government Advocate(Crl.Side) for R1 : Mr.I.Pinayagosh for R2