Dismissed¶48

Prabhakaran v. The State rep by The Inspector of Police

Madras HC17 Oct 2025CRL OP/21932/2025

Case brief

AI extract

What is this about?

Madras HC (N. Sathish Kumar J., 17-10-2025) dismissed quash-FIR petition under S.528 BNSS against FIR Crime No. 82 of 2025 (CCB, Vepery, Chennai) alleging cheating/criminal conspiracy (Ss.420, 506(i), 120B IPC) over Rs.10 Lakhs allegedly taken on false promise of obtaining quarry-mining licence; Court: whether deception existed from inception is a matter for post-investigation determination; no roving enquiry into FIR at this stage. Keywords: quashing of FIR, premature quashal rejected, civil dispute defence, cheating, quarry licence, Central Crime Branch Chennai, CRL OP No. 21932 of 2025, CRL MP No.15026 of 2025.

What did the court decide?

Whether there was deception from the inception is a matter of investigation, ascertainable only after completion of the investigation; it cannot be decided on the face of the F.I.R. ¶42

Prabhakaran Vs The State rep by The Inspector of Police — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the F.I.R. in Crime No. 82 of 2025 (offences under Sections 420, 506(i) and 120B IPC) should be quashed on the petitioners' contention that the dispute between the parties is civil in nature and the complaint does not constitute any offence.

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Court's answer

Whether there was deception from the inception is a matter of investigation, ascertainable only after completion of the investigation; it cannot be decided on the face of the F.I.R.

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Ratio / Principle

At the F.I.R. stage, this Court cannot conduct a roving enquiry into the contents of the F.I.R.

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Key takeaways

Finding no merit in the criminal original petition, the Court dismissed it (and consequently closed the connected miscellaneous petition).ratio¶48

Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Sathish Kumar J.), 17-10-2025: CRL OP No. 21932 of 2025 (with connected CRL MP No.15026 of 2025) under Section 528 of BNSS by five petitioners (Prabhakaran, Chenthil Perumal.R, Arun, Satheesh Rathinam, Rajaguru) seeking quashing of F.I.R. in Crime No. 82 of 2025 of the Central Crime Branch (Beta-1, EDF-1, Vepery, Chennai-7), registered on the complaint of the second respondent (Raghu/M/s. Cumbum Valley Winery Pvt. Ltd.) for offences under Sections 420, 506(i) and 120B of the IPC. The F.I.R. alleged that the accused received Rs.10 Lakhs on a false representation of closeness to higher Government Officials to obtain a quarry-mining licence, and thereafter neither obtained any licence nor repaid the amount. Petitioners contended the dispute was civil in nature and disclosed no offence. The Court held that whether there was deception from the inception is a matter of investigation ascertainable only after completion of investigation; at the F.I.R. stage the Court cannot conduct a roving enquiry; finding no merit in the petition, it dismissed the Criminal Original Petition and closed the connected miscellaneous petition.

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CRL OP No. 21932 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-10-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

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CRL OP No. 21932 of 2025

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and

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CRL MP NO.15026 OF 2025

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PRABHAKARAN

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Chenthil Perumal.R

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Arun

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Satheesh Rathinam

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Rajaguru

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Petitioner(s)

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The State rep by The Inspector of Police Central Crime Branch, Beta-1, EDF-1, Vepery, Chennai-7. Crime No. 82 of 2025

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2.Raghu M/s. Cumbum Valley Winery Pvt. Ltd.

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1/5

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21932 of 2025

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New No.46, Old No. 109, Parsn Paradise, C-Block, 1st Floor, D.No.3, G.N.chetty Road, T.Nagar, Chennai - 600 017

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Respondent(s)

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PRAYER

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This Criminal Original Petition is field under Section 528 of BNSS, to call for the records in Crime No. 82 of 2025 on the file of the Inspector of Police, Central Crime Branch,Beta-1, EDF-1, Vepery, Chennai-7 and to quash the same against the petitioners.

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For Petitioner(s): Mr. P.Balamurugan For R1 Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 Mr.R.Thirumoorthy

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ORDER

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This Criminal Original Petition has been filed to call for the records in

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Crime No. 82 of 2025 on the file of the Inspector of Police, Central Crime

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Branch, Beta-1, EDF-1, Vepery, Chennai-7 and to quash the same against the

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petitioners.

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2/5

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21932 of 2025

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Heard the learned counsel for the petitioners, the learned counsel for

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the private respondent and the learned Additional Public Prosecutor appearing

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for the first respondent-Police and perused the materials available on record.

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Based on the complaint made by the defacto complainant/the second respondent herein, the first respondent-Police registered a case in Crime No.82

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of 2025 for the offences under Sections 420, 506(i) and 120B of the IPC.

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The contention of the petitioners is that the dispute between the parties is civil in nature and the entire complaint do not constitute any offence as alleged by the prosecution. Hence, the petitioner seeks to quash the impugned

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F.I.R.

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On a perusal of the F.I.R, the allegation made in the F.I.R is that the

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accused received a sum of Rs.10 Lakhs on a false representation that they are very close to the higher Government Officials and they are able to obtain licence from the competent authority to operate a quarry mine. Thereafter, they neither obtained any licence nor repaid the amount. On the basis of the said allegation, F.I.R came to be filed. Therefore, whether there is deception from the inception is a matter of investigation. It can be seen only after completion

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3/5

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21932 of 2025

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of investigation. At this stage, this Court cannot conduct a roving enquiry in the

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F.I.R and this Court does not find any merit in the criminal original petition.

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