This short order dismissed a petition to quash an FIR alleging cheating. Instead of quashing it, the court directed the police to conduct an expedited investigation and submit a final report within two months.
Petition disposed of; police directed to investigate expeditiously and file a final report within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl OP No. 33936 / 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Criminal Original Petition No. 33936 of 2019
and
Crl.M.P. No. 18722 of 2019
S. Rajagopal ... Petitioners
Versus
1. The Inspector of Police, District Crime Branch, Kanchipuram.
2. V. Kamaraja
3. A. Mohan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in Crime No. 2 of 2017 dated 13.01.2017 on the file of District Crime Branch, Kanchipuram and quash the FIR.
For petitioner : Mr. G. Radhakrishnan
For Respondents : Mr. A. Damodaran,
Additional Public Prosecutor for R1.
Mr. G. Vijayakumar for R2.
R3 – Notice dispensed with.
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Crl OP No. 33936 / 2019
O R D E R
The petition is to quash the FIR for the offence under Sections
406, 420 read with 34 of the Indian Penal Code.
2. The points raised by the learned counsel for the petitioner are
purely factual in nature and has to be investigated by the respondent police. Hence, the respondent police shall conduct the investigation as expeditiously as possible and file a final report within a period of two months from the date of receipt of a copy of this order. It is open to the petitioner to challenge the final report if he is aggrieved by the said final report.
3.With the above observations, this Criminal Original Petition is
disposed of. Consequently, the connected Miscellaneous Petition is closed.
26.04.2023
ay
Index: Yes/No
2/4
Crl OP No. 33936 / 2019
Speaking Order / Non-Speaking Order Neutral Citation: Yes / No
To
1. The Inspector of Police, District Crime Branch, Kanchipuram.
2. The Additional Public Prosecutor, High Court of Madras, Chennai.
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Crl OP No. 33936 / 2019
SUNDER MOHAN, J
ay
Crl.O.P. No. 33936 of 2019 and Crl.M.P. No. 18722 of 2019
Dated: 26.04.2023
4/4
2 issues framed by the court
Whether the petition seeking quashing of the FIR involving cheating and criminal breach of trust should be accepted.
Whether the factual nature of the controversy should be investigated by police before judicial quashing.
1 provisions across 1 enactments
S. Rajagopal
The Inspector of Police, District Crime Branch, Kanchipuram
V. Kamaraja
A. Mohan
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
