Dismissed

Devendran, Aged 50 Years, v. the State Rep. by

Madras HC4 Jan 2022CRL OP/1313/2018

Case brief

AI extract

What is this about?

This Court dismissed a Criminal Original Petition filed to quash an FIR under various IPC sections. The Court held that the FIR need not contain minute details and it is the investigating agency's role to probe alleged inducement and offences. The petition was dismissed as the investigation had been transferred to the Central Crime Branch.

What did the court decide?

The First Information Report in Crime No.1493 of 2017 was not quashed and the Criminal Original Petition was dismissed.

Devendran, Aged 50 Years, Vs the State Rep. by — Cheating and Forgery | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.01.2022

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C O R A M

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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CRL.O.P.NO.1313 OF 2018

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AND CRL.M.P.NO.474 OF 2018

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Devendran ... Petitioner

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Versus

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The State Rep. by The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Kanchipuram District. (Crime No.1493 of 2017)

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V.Senthamil Selvi ... Respondents

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PRAYER:-

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Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the F.I.R in Crime No.1493 of 2017 from the file of the 1^st respondent and quash the same.

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For Petitioner : Mr.M.Velmurugan

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For Respondents : Mr.R.Kishore Kumar Government Advocate (Crl. side) For R1

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No Appearance For R2

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This Criminal Original Petition has been filed to quash the FIR registered against the petitioner in Crime No.1493 of 2017 for the offences under Sections 406, 120B, 420, 465, 468, 471 and 506(1) IPC.

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

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This Court by a detailed Order had already dismissed the Criminal Original Petition in Crl.O.P.No.26368 of 2017 filed on behalf of the co-accused Sakthivelu for quashing the First Information Report.

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The crux of the allegation is that the de facto complainant under the promise made by one Navaneeth has executed a Power of Attorney for the purpose of Joint Venture. Only such inducement forced the de facto complainant to execute the Power of Attorney. However, since the investigation has already been transferred to Central Crime Branch, whether the transaction has happened due to the inducement and promise made from the inception and whether the offence has been made out or not has to be probed into by the Investigating Agency. With regard to the submission of the learned counsel for the petitioner that he is only acquainted with the said Navaneeth and other than that he is no way connected with any of the transactions, this Court is of the view that FIR need not contain minute details and it is for the investigating agency to find out the perpetrators of the alleged offence. In such view of the matter, at this stage this Court cannot quash the First Information Report.

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Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar

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vrc

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The Inspector of Police,

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T-14, Mangadu Police Station,

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Mangadu, Kanchipuram District.

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The Public Prosecutor, Madras High Court, Chennai.

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CRL.O.P.NO.1313 OF 2018 AND CRL.M.P.NO.474 OF 2018

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AK-II(CO) PBS/21/01/2022

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

Devendran, Aged 50 Years, v. the State Rep. by

Case brief

What is this about?

What did the court decide?

Devendran, Aged 50 Years, v. the State Rep. by

Case brief

What is this about?

What did the court decide?

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