Citation : 2021 Latest Caselaw 20569 Mad
Judgement Date : 6 October, 2021
CRL.O.P.No.17448 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.17448 of 2021
and
Crl.MP.No.9586 of 2021
K.Revathi ... Petitioner
Versus
1.The State
Rep.by the Inspector of Police,
CCB Police Station,
Salem City, Crime No.12/2020.
2.V.Duraisamy ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records pertaining to the First
Information Report in Crime No.12/2020 on the file of the 1st respondent
and quash the same.
For Petitioner : Mr.R.Chakkaravarthy
For Respondent : Mr.A.Damodaran
No.1 Additional Public Prosecutor
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17448 of 2021
ORDER
The petitioner, who is the third accused in Crime No.12 of 2020
for offences under Sections 420 & 506 (i) I.P.C, has filed this quash
petition.
2.The Contention of the learned counsel for the petitioner is that
the petitioner except being the wife of A1, she has nothing to do in this
case. There is no specific allegation against the petitioner except for a
passing reference that she was present in the house of A1. When the
defacto complainant and others had come to her house asking for money,
she abused them. He further submitted that the entire allegation is only
against her husband and nothing against the petitioner. The petitioner has
been falsely implicated. Further, in the similar situation, the judgment of
the Apex Court in Crl.A.No.167 of 2021 (Archana Rana Vs. State of
Uttar Pradesh and another) quashed the proceedings. In view of the
same, this case against the petitioner to be quashed.
https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17448 of 2021
3.The learned Additional Public Prosecutor appearing for the first
respondent submitted that it is the case of job racketing, around 10 to 15
people were cheated by the petitioner and her husband along with A2
more than a sum of Rs.10,00,000/-. They promised that they would get
job to the victims either in Collectorate, Salem or in various other
departments as menial workers or in some firm. The certain case of the
victims is that the petitioner along with her husband and other accused
promised them to get employment, believing the same, the victims paid
money by pledging their houses, jewels and valuables. Now, they are left
in the street. He further submitted that it is the case of job racketing, the
accused are clever enough not to create any documents. The accused has
got no power or authority with themselves but they had projected
themselves as persons, who can secure the job. Believing the false
representation, huge sums of money have been cheated by the accused.
The acts of A1 and the petitioner/his wife are inseparable. They have
been together in all the places. Further, investigation is in the midway,
soon final report to be filed in this case.
https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17448 of 2021
4.Considering the submissions and on perusal of the materials, it
seen that the petitioner/A3, who is the wife of A1, and A1 being the
prime accused along with the other accused A2, all the three are joined
together, collected huge sums of money from the innocent villagers and
cheated them of more than a sum of Rs.10,00,000/-. It is a case of job
racketing. The points raised by the petitioner would be considered by the
respondent police. In view of the same, this court is not inclined to
entertain the criminal original petition. Accordingly, this Criminal
Original Petition is dismissed. Consequently, connected miscellaneous
petition is closed.
Index: Yes/No
Internet: Yes/No 06.10.2021
sms/nr
To
1.The State Rep.by the Inspector of Police, CCB Police Station, Salem City, Crime No.12/2020.
2.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17448 of 2021
sms/nr
CRL.O.P.No.17448 of 2021 and Crl.MP.No.9586 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
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