Petitioners summoned for enquiry into a cheating complaint that had already been investigated, closed as 'mistake of fact' with a closure report filed, and was the subject of a pending protest petition. The court quashed the summons and allowed the complainant to pursue the protest petition.
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Crl.OP.No.10919 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.10919 of 2024
and
Crl.MP.No.7453 of 2024
1. Rizwan Ahamed 2. Ayesha Barkath Banu
3. Munavar Hussain ... Petitioners Vs.
1. State rep.by Inspector of Police, District Crime Branch, Chengalpattu.
2. Supraja ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, call for the records relating to the police summons was issued by the 1 st respondent police dated 02.01.2024 to the petitioners and quash the same.
For Petitioner : Mr.R.Amizhdhu For Respondents : Mr.S.Udaya Kumar for R1 : Mr.Thevaraj for R2
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Crl.OP.No.10919 of 2024
O R D E R
The petitioners herein were summoned by the Inspector of Police, District Crime Branch, Chengalpattu, based on the complaint given by the second respondent to DIG, Kanchipuram Range in connection with the allegation of cheating to the tune of Rs.1,37,00,000/-. Stating that the said complaint of the second respondent was duly investigated by the first respondent earlier and the same was closed as 'mistake of fact' . RCS
report was filed before the concerned Magistrate Court on 03.07.2023.
aggrieved, the second respondent has moved the DIG, Chengalpet Range to revive his complaint the same set of facts. Inspite of explaining the same to the first respondent police, they were summoned to appear for enquiry on 02.01.2024.
counsel for the second respondent appeared on receipt of the private notice.
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Crl.OP.No.10919 of 2024
01.07.2024
Vv
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Crl.OP.No.10919 of 2024
To
1. The Inspector of Police, District Crime Branch, Chengalpattu.
2. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.OP.No.10919 of 2024
Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.10919 of 2024
01.07.2024
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1 issue framed by the court
Whether police summons issued on a complaint already closed as 'mistake of fact' and subject to a pending protest petition can be quashed.
1 provisions across 1 enactments
Rizwan Ahamed
Ayesha Barkath Banu
Munavar Hussain
State rep.by Inspector of Police, District Crime Branch, Chengalpattu
Supraja
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
