Karthikeyan vs State Of Tamilnadu
2021 Latest Caselaw 25249 Mad

                                                                                     Crl.O.P. No.23508 of 2017



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 22.12.2021

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                              Crl. O.P. No.23508 of 2017
                                       and CRL.M.P.Nos.13649 and 13650 of 2017

                1.Karthikeyan
                2.Santhanalakshmi
                3.Radhakrishnan
                4.Vasanthi                                                            ...Petitioners
                                                           Vs.

                1.State of Tamilnadu
                  Represented by Deputy Superintendent of Police
                  Tiruvannamalai Town Sub Division
                  Tiruvannamalai District.

                2.Shobanarani                                                      ...Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, praying to call for the records relating to C.C.No.20/2017 on
                the file of the Learned Judicial Magistrate No.1, Tiruvannamalai and quash the
                same.


                                        For Petitioners    : Mr.J.Muthukumaran
                                        For Respondents    : Mr.R.Kishore Kumar
                                                             Govt.Advocate(crl.side) for R1

                                                            Mr.M.Mariappan for R2

https://www.mhc.tn.gov.in/judis
                Page 1 of 5
                                                                                      Crl.O.P. No.23508 of 2017




                                                        ORDER

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

quash the proceedings in C.C.No.20/2017 on the file of Learned Judicial

Magistrate No.1, Tiruvannamalai for the offences under Sections 420 of I.P.C

and 3(1)(r) of SC /ST Act, 1989.

2. The crux of the allegation in the final report is that A1 who was serving

as Manager in Karvay Stock broking office with the common intention of

cheating the defacto complainant and assured her that she will get shares worth

Rs.25,00,000/- from one Pandurangan for a low price of Rs.19,50,000/- and got

three cheques from the complainant. When the same was demanded, A1 along

with the other accused were conspired together and abused the defacto

complainant in filthy language. Thereby, they committed the aforesaid offence.

3. Learned counsel for the petitioner submitted that the complainant and

her family members are in the habit of lodging false case invoking the Special

Act and he also submitted that similar case also filed in Crime No.1986 of 2009

and Crime No.598 of 2013 against others. Therefore, this Complaint is also one

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

Crl.O.P. No.23508 of 2017

such complaint, which has to be quashed.

4. In view of the above submission made by the learned counsel for the

petitioner, this Court is of the view that quashing present complaint/previous

complaints may not be relevant at all. However, those facts can be relevant to

prove the conduct of the petitioners before the trial court. This Court by

exercising its power under Section 482 of Cr.P.C., cannot conduct a roving

enquiry or decide and probe into the evidence at this stage, which have to be

gone into only during the trial.

5. Accordingly, this Criminal Original Petition is dismissed with a

direction to the Trial Court to appreciate evidence by taking note of the previous

conduct of the defacto complainant in filing these type of complaints in other

cases and dispose of the main case on merits as expeditiously as possible.

Consequently connected miscellaneous petitions are closed.

6. At this juncture, the learned counsel appearing for the petitioners

seeks indulgence of this Court to grant an order dispensing with the personal

appearance of the petitioners. Accordingly, the personal appearance of the

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

Crl.O.P. No.23508 of 2017

petitioners before the trial Court is dispensed with, except for receipt of copies,

answering the charges, questioning under Section 313 Cr.P.C., passing of

judgment, or on any other date as may be required by the trial Court.

22.12.2021 Index: Yes/No Internet: Yes/No msv/nr

To

1. The Deputy Superintendent of Police Tiruvannamalai Town Sub Division Tiruvannamalai District.

2. The Judicial Magistrate No.1, Tiruvannamalai.

3. The Public Prosecutor High Court, Madras.

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

Crl.O.P. No.23508 of 2017

N. SATHISH KUMAR, J.

nr/msv

Crl. O.P. No.23508 of 2017 and CRL.M.P.Nos.13649 and 13650 of 2017

22.12.2021

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