Petitioners challenged the charge sheet issuing process against them as accused 3 and 4. Court held allegations targeted only parents. Found ingredients of cheating and conspiracy absent against petitioners. Allowed petition and quashed charge sheet regarding petitioners.
Charge sheet in C.C.No.81 of 2011 quashed in respect of petitioners accused 3 and 4.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 25.04.2017 DELIVERED ON : 13.10.2017
CORAM
THE HON'BLE MR. JUSTICE M.V.MURALIDARAN
CRL.O.P.No.10371 of 2011
The Assistant Commissioner of Police Central Crime Branch Coimbatore City Coimbatore. .. Respondent
PRAYER: Petition under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.81 of 2011 on the file of the learned Judicial Magistrate VI, Coimbatore and to quash the charge sheet as against the petitioners herein, who are arrayed as accused 3 and 4.
For Petitioners : Mr.M.K.Kabir Senior Counsel for Mr.T.Jayaraman For Respondents-1 : Mr.B.Ramesh Babu Government Advocate (Criminal Side) for respondent For R2 : Mr.G.Gnana Sundaram
ORDER
The petitioners have filed this petition to call for the records in C.C.No.81 of 2011 on the file of the learned Judicial Magistrate VI, Coimbatore, and to quash the charge sheet as against the petitioners herein, who are arrayed as accused 3 and 4.
The gravamen of the allegation is that the parents of the petitioners sold a property measuring 55 cents in S.F.No.771/4C at Kalapatti Village, Coimbatore North Taluk, Coimbatore District, despite being aware of the recovery proceedings instituted by United Bank of India before the Debts Recovery Tribunal, Kolkata, in respect of the said property which was mortgaged by the parents of the petitioners. On the basis of the above allegations complaint under Section 420 of the Indian Penal Code and other offences was filed.
against the parents of the petitioners. A bare perusal of the complaint shows that the complainant along with two of his relatives purchased property of an extent of 55 cents, referred supra, on 15.12.2003 for a sale consideration of Rs.15,94,000/and they claimed that they have invested a sum of Rs.50 lakhs.
In such view of the matter, this criminal original petition is allowed and the charge sheet in C.C.No.81 of 2011, pending on the file of the learned Judicial Magistrate VI, Coimbatore is quashed in respect of the petitioners / accused 3 and 4. The learned Judicial Magistrate VI, Coimbatore, is directed to proceed with the case and dispose of the same within a period of
six months from the date of receipt of a copy of this order. Consequently, M.P.No.1 of 2011 is closed. No costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1.The Judicial Magistrate VI, Coimbatore.
2.The Assistant Commissioner of Police,
Central Crime Branch,
Coimbatore City,
Coimbatore.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.T.Jayaraman, Advocate sr.no.73821
CRL.OP.No.10371 of 2011
nri(co)
nr 18/09/2018
3 issues framed by the court
Whether the allegations in the first information report and complaint make out a case of cheating under Section 420 and criminal conspiracy under Section 120-B IPC against the petitioners.
Whether the issuance of process against petitioners accused as 3 and 4 without any overt act against them amounts to an abuse of the process of court.
Whether the criminal charges against the petitioners should be quashed under Section 482 CrPC.
Colour shows how this judgement treated each authority
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3 provisions across 2 enactments
Vijayaraj
Geetha
The Assistant Commissioner of Police Central Crime Branch Coimbatore
M. V. Muralidaran
As recorded by the court registry
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