Petition under Section 482 CrPC to quash FIR alleging deceitful auction of a notebook consignment worth about Rs.59 lakhs shipped to Tanzania. The court held the investigation was at a nascent stage and the civil-transaction contention could not be considered without indepth investigation.
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Crl.O.P.No.13433 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.13433 of 2024 and Crl.M.P.No.8140 of 2024
V.Muruganantham ... Petitioner
Vs. 1.The Inspector of Police, DCB Police Station, Thiruvallur District.
2.TAS Industries, Rep.by its Proprietor Mr.S.Thimothy Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in Crime No.42 of 2022 on the file of the 1 st respondent police and quash the same.
For Petitioner : Mr.Pradeep Jayaraman For R1 : Mr.S.Udayakumar Government Advocate (Crl.Side)
O R D E R
The petitioner herein is a suspected accused in Crime No.42 of
2022, which is under investigation by the respondent police based on the
complaint given by one Thimothy on 27.05.2022.
Crl.O.P.No.13433 of 2024
2. According to the FIR, after placing order for notebooks worth about Rs.59 lakhs, the consignment was shifted to TANZANIA. As
per the indent, the consignee has failed to take delivery of the goods at the port of TANZANIA and by deceit, took the goods in auction and thereby enriched illegally.
3. The petitioner herein contending that a civil transaction wherein the petitioner is only an employee and the person who placed the order and furthermore, goods were cleared in auction conducted by the TANZANIA customs department and therefore, there cannot be any criminal investigation in India pertaining to civil transaction of sale of goods.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the MOP adopted as alleged in the complaint found to be true. The ingredient for offence of breach of trust, deception and inception gets attracted. For the said purpose the cooperation of the petitioner is very much necessary and this is not a case of pure civil in nature, but appears to be a design conceived by the accused person to deceive an entrepreneur.
5. Since the investigation is at very nascent stage, the
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Crl.O.P.No.13433 of 2024
contention raised by the petitioner herein cannot be looked into on the face of the record unless an indepth Investigation is conducted. Hence
this Criminal Original Petition to quash the FIR is dismissed, since it does not clear the test of parameter laid by the Hon'ble Supreme Court in M/s . Neeharika Infrasturcture Private Limited case. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.
10.06.2024
Index : Yes/No Neutral Citation : Yes/No
rpl
To 1.The Inspector of Police, DCB Police Station, Thiruvallur District. 2.The Public Prosecutor, High Court of Madras, Chennai.
Dr.G.JAYACHANDRAN,J.
rpl
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Crl.O.P.No.13433 of 2024
Crl.O.P.No.13433 of 2024
10.06.2024
1 issue framed by the court
Whether the FIR in Crime No.42 of 2022 alleging cheating and criminal breach of trust over an export consignment could be quashed as a civil transaction.
Colour shows how this judgement treated each authority
M/s Neeharika Infrastructure Private Limited caseReferred¶27
1 provisions across 1 enactments
V.Muruganantham
The Inspector of Police, DCB Police Station, Thiruvallur District
TAS Industries, Rep.by its Proprietor Mr.S.Thimothy
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
