Petitioner sought quashing of FIR in a cheating case arising from a property sale alleged to be a security for borrowed money. The court found the complaint disclosed a prima facie case, dismissed the quash petition and directed completion of investigation within three months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :02.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.4624 of 2024 and
Crl.MP.Nos.3380 & 9145 of 2024
Manokaran ... Petitioner
Vs
1. The State Rep by The Inspector of Police, Dharmapuri District Crime Branch Dharmapuri District-I, (Cr.No.7 of 2023)
2. M.G.Sekar ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Cr.No.7 of 2023 pending investigation on the file of the 1 st respondent.
For Petitioner : Mr.M.V.Priyadharshini For Respondents : Mr.KMD.Muhilan for R1 Government Advocate (Crl.Side) Mr.R.Sasikumar for R2
O R D E R
The petitioner herein is the named accused in Cr.No.7 of 2023 for
the alleged offence under Section 420 of IPC.
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of the view that the complaint has made out prima facie case for investigation and therefore, cannot be quashed at this stage. Hence this https://www.mhc.tn.gov.in/judis 2/4
petition to quash, is dismissed. The parties shall participate in the investigation and the respondent police shall complete the investigation within a period of three months. Consequently, the connected miscellaneous petitions are closed.
02.07.2024
Index: Yes/No Speaking / Non-speaking Order gv
To
1. The State Rep by The Inspector of Police, Dharmapuri District Crime Branch Dharmapuri District-I, (Cr.No.7 of 2023)
2. The Public Prosecutor, High Court of Madras, Chennai.
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Dr.G.JAYACHANDRAN,J.
gv
Crl.OP.No.4624 of 2024 and Crl.MP.Nos.3380 & 9145 of 2024
02.07.2024
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1 issue framed by the court
Whether the FIR in Cr.No.7 of 2023 under Section 420 IPC alleging a sale deed executed as security was a malicious complaint that could be quashed.
2 provisions across 2 enactments
Manokaran
The State Rep by The Inspector of Police, Dharmapuri District Crime Branch
M.G.Sekar
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
