Disposed

K.Jayaraman v. the Inspector of Police

Madras HC8 Jun 2016CRL OP/10039/2016

Case brief

AI extract

What is this about?

In a criminal original petition, Crl. O.P. No. 10039 of 2016 filed under Section 482 CrPC, the Hon'ble High Court of Judicature at Madras considered an application to quash a case for cheating and criminal breach of trust. The Court held that investigation could not be quashed at the preliminary stage under Bhajan Lal but transferred the case to the Central Crime Branch. The petition was then clos

What did the court decide?

None granted; case transferred to Central Crime Branch; criminal original petition closed.

K.Jayaraman Vs the Inspector of Police — Cheating and Forgery | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.06.2016

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Coram:

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THE HON'BLE MR.JUSTICE P.N.PRAKASH

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Crl.O.P.No.10039 of 2016

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K.Jayaraman ... Petitioner/Accused

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Vs.
1.State rep. By
Inspector of Police,
J-4, Kotturpuram Police Station,
Chennai.
2.A.Ambrose ... Respondents/Complainant
and Defacto Complainant.
Prayer : Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure praying to call for the records
pertaining to the case pending investigation in Crime
No.415/2016 on the file of the respondent police and quash the
same.
For Petitioner : Mr.A.Natarajan
Senior Counsel for
M/s.A.Madhumathi
For Respondent : Mr.C. Emalias
No.1 Additional Public Prosecutor
ORDER

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On the complaint lodged by one Ambrose, the respondent police have registered a case in Crime No.415 of 2016 on 27.02.2016 for offences under Sections 406 & 420 IPC against the petitioner.

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The crux of the allegation in the FIR is that this petitioner had received money from the said Ambrose promising him that he will get job for his family members in the Madras High Court. Challenging the FIR, the petitioner is before this Court.

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Mr.A.Natarajan, learned Senior Counsel appearing for the petitioner submitted that the petitioner himself is a victim of one Dilliraja, who appears to have received money from the petitioner and Ambrose, promising to get job in the High Court.

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https://hcservices.ecourts.gov.in/hcservices/

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In support of his contention, Mr.Natarajan, learned Senior Counsel produced a receipt purported to have been signed by Dilliraja and Ambrose to the effect that Dilliraja received a sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) for getting employment in the Madras High Court for the kin of Ambrose and that, he had ensured that he will return the amount, if he is not able to get the appointment.

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In the considering opinion of this Court, investigation is at preliminary stage and at this stage, it cannot be quashed in the light of the law laid down by the Hon'ble Supreme Court in State of Haryana Vs Bhajan Lal reported in 1992 Supp [1] SCC 335. However, this is a fit case to be investigated by the Central Crime Branch, since the matter involves this institution. Hence, the case in Crime No.415 of 2016 on the file of the respondent / Inspector of Police, J-4, Kotturpuram Police Station, Chennai, is transferred to the file of the Deputy Commissioner of Police, Central Crime Branch, Chennai, who shall nominate an officer of the rank of Assistant Commissioner of Police, Central Crime Branch to investigate the offence. During the course of investigation, if any other persons, like Dilliraja, come to light, it is needless to say that they should also be prosecuted in accordance with law.

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In view of the above, the criminal original petition is closed. sms s/dAssistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1. The Deputy Commissioner of Police, Central Crime Branch, Chennai. 2.Inspector of Police, J-4, Kotturpuram Police Station, Chennai. 3.The Public Prosecutor High Court, Madras + 1 cc to M/s.A.Madhumathi, Advocate SR 8894 gr(co) prk10/6 Crl.O.P.No.10039 of 2016

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https://hcservices.ecourts.gov.in/hcservices/

K.Jayaraman v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Jayaraman v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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