The High Court rejected the petitioner's plea to quash a criminal case alleging conspiracy to forge a road accident for insurance fraud, holding that fraud vitiates proceedings and investigation materials justified the case continuation.
Petition for quashing of proceedings in Crime No.5 of 2005 dismissed.
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THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19..10..2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Criminal Original Petition No.1269 of 2011 and M.P.No.1 of 2011
K.Natarajan
... Petitioner
-Versus-
The State Rep. by Inspector of Police, D.C.B., Coimbatore. [Crime No.5 of 2005]
... Respondent Petition filed under Section 482 of Cr.P.C. praying to call for the entire records relating to the case in Crime No.5 of 2005 on the file of the respondent police and to quash the For Petitioner : Mr.S.Kingston Jerold For Respondent : Mr.C.Emalias, APP ORDER
Petition filed under Section 482 of Cr.P.C. praying to call for the entire records relating to the case in Crime No.5 of 2005 on the file of the respondent police and to quash the said case.
On the complaint lodged by Rajeswari, Senior Divisional Manager, United India Insurance Company Limited, Tirupur, the CCB, Tirupur, registered a case in Crime No. 5 of 2005 on 09.02.2005 under Sections 420 and 511 of IPC against one Saravanan and Jothiramalingam. The allegation in the said complaint is that Saravanan had lodged a complaint as if he met with a road accident on 23.12.2000 upon which a case in Crime No.473 of 2000 has been falsely registered by the Inspector of Police, Tirupur Rural Police Station so as to facilitate Saranvanan to claim compensation unlawfully. The allegation in the case in Crime No.473 of 2000 is that Saravanan lost his right thumb in a road accident in which the offending vehicle namely, a Maruti Car bearing Regn. No. TN 39 E 6765 was driven rash and negligently by Jothiramalingam. According to the de facto complainant Rajeswari, Senior Divisional Manager of the Insurance Company, Saravanan had lost his thumb in an industrial accident and in order to make a bogus claim of compensation from the insurance company, he had connived with Jothiramalingam and lodged a complaint falsely against his father based on which a case in Crime No.473 of 2000 was registered by Tirupur Rural Police https://hcservices.ecourts.gov.in/hcservices/ Station as stated above.
Sd/Assistant Registrar(CS II)
//True Copy//
kmk
To
1.The Judicial Magistrate No.II, Tirupur,Tirupur District. 2.The Inspector of Police, D.C.B., Coimbatore.
3.Inspector of Police, CB CID, Coimbatore City.
4.Inspector of Police, CCB, Tirupur.
Crl.O.P.No.1269 of 2011
GM1(CO)
EU 22.11.16
2 issues framed by the court
Whether Fraud Vitiates
Whether sufficient materials exist for investigation to justify rejection of quashing plea
1 provisions across 1 enactments
Natarajan
The State Rep. by Inspector of Police, D.C.B., Coimbatore
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
