The petitioner sought quashing of an FIR alleging cheating and rape, claiming the complaint was filed out of vindictiveness over a loan demand. The Court found prima facie evidence available and dismissed the petition, allowing the investigation to proceed.
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Crl.O.P.No.16916 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2024
CORAM
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Crl.O.P.No.16916 of 2024 and Crl.M.P.No.10179 of 2024
C.Premnath
.... Petitioner
Versus
Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.7 of 2024 dated 08.04.2024 pending on the file of the first respondent and quash the same in so far the accused is concerned.
For Petitioner : Mr.K.Nagarajan
For 1st Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
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Crl.O.P.No.16916 of 2024
ORDER
The present Criminal Original Petition is filed to quash F.I.R.No.9 of 2024 dated 08.04.2024 registered against this petitioner for
the alleged offence under Sections 417 and 376 of I.P.C.
the complainant borrowed a sum of Rs.3,00,000/- from this petitioner and when he demanded back the money, a false complaint of cheating and rape been made and the same is taken up for investigation.
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Crl.O.P.No.16916 of 2024
petitioner and the statement made by the learned Government Advocate (Crl.Side), this Court finds that it is not a case to interfere under Section 482 of Cr.P.C. and quash without investigation. Hence, the Criminal Original Petition is dismissed. It is open to the petitioner to challenge the final report if there is no material in the final report for commission of cognizable offence.
19.07.2024
asi
To
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Crl.O.P.No.16916 of 2024
DR.G. JAYACHANDRAN, J.
asi
Crl.O.P.No.16916 of 2024 and Crl.M.P.No.10179 of 2024
19.07.2024
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1 issue framed by the court
Whether the allegations disclose a prima facie case warranting quashing of FIR without investigation under Section 482 Cr.P.C.?
2 provisions across 2 enactments
C.Premnath
The State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Avadi
Ramya
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
