Disposed

A.Jagadeeshwari v. the State Rep by Its

Madras HC20 Oct 2021CRL OP/26718/2018

Case brief

AI extract

What is this about?

The Court permitted the petitioners to submit relevant documents to the police to verify the settlement and repayment of the loan before approaching the authority for closure of the FIR. The court did not quash the FIR but allowed document submission for police verification.

What did the court decide?

Petitioners permitted to produce relevant documents to the 1st respondent Police for verification; upon satisfaction of settlement, police may close the FIR.

A.Jagadeeshwari Vs the State Rep by Its — Quashing and FIR | Madras HC (2021)

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.10.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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CRL.O.P.NO.26718 OF 2018 AND CRL.M.P.NO.15385 OF 2018

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1.A.Jagadeeshwari

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2.A.Alagu Pandian

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...Petitioners / Accused

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Vs.

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1.State of Tamil Nadu rep.by the Inspector of Police (EDF), Central Crime Branch, O/o Commissioner of Police,

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Vepery, Chennai.

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2.S.Mohankumar ...Respondents / Complainant / Defacto Complainant

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Prayer : Petition filed under Section 482 of Cr.P.C., to call for the entire records and to quash the FIR in Cr.No.456 of 2014 under Section 406, 420 and 506 Part 1 of IPC dated 29.10.2018 on the file of the 1^st respondent Police.

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For Petitioners : Mr.S.Adhinarayana Rao

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For R1 : Mr.C.E.Pratap Government Advocate (Crl.Side)

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O R D E R

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This petition has been filed by the petitioner to quash the FIR in Cr.No.456 of 2014, on the file of the 1^st respondent Police.

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The learned counsel appearing for the petitioner submitted that allegation against the petitioner is regarding the execution of Mortgage Deed and obtainment of hand loan from the private financier. Subsequent to the filing of the FIR, the Mortgage Deed was cancelled and the entire loan amount was repaid to the financier. Hence nothing survives for further adjudication in this case.

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

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The learned counsel appearing for the petitioner further

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submitted that this Court may permit the petitioner to place entire materials before the law enforcing agency at the time of enquiry .

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In view of the limited relief sought for by the learned

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counsel appearing for the petitioner, and further the allegation against the petitioner was rectified by him by paying the entire loan amount to the private financier, this Court, without going into the merits of the case, permits the petitioner to produce all the relevant documents to the 1^st respondent Police, who after due verification of the entire documents regarding settlement of loan amount and if satisfied, may close the FIR against the petitioner.

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This Criminal Original Petition is disposed of with the above observations. Consequently connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-IX)

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// True Copy //

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Sub Assistant Registrar

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1.The Inspector of Police (EDF), Central Crime Branch, O/o Commissioner of Police, Vepery, Chennai.

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2.The Public Prosecutor, Madras High Court.

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+1cc to M/s.Adi Narayana Rao, Advocate SR.No.53768

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Crl.O.P.No.26718 of 2018

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AD(CO) RVM(30/11/2021)

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

A.Jagadeeshwari v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

A.Jagadeeshwari v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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