Madras High Court
D.Amarnathan vs The State Rep. By Its on 12 September, 2022
CRL.O.P.No.21817 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.21817 of 2022
&
Crl.M.P.Nos.14107 & 14108 of 2022
1.D.Amarnathan
2.A.Bhuvaneshwari
3.P.Karthikeyan ... Petitioners
Vs.
1.The State Rep. by its
Inspector of Police,
Central Crime Branch
EDF-1, Team-2, Veppery,
Chennai - 07.
2. P.Panneerselvam ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records in CC No.1620 of 2022 pending on the file of
Hon'ble Metropolitan Magistrate for Exclusive trial of CCB & CBCID Cases
at Egmore, Chennai and quash the same.
For Petitioners : Mr.N.Prakash
For Respondents : Mr. E.Raj Thilak
Additional Public Prosecutor
For R1
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Page 1 of 9
CRL.O.P.No.21817 of 2022
ORDER
This petition has been filed to call for the records in CC No.1620 of
2022 pending on the file of learned Metropolitan Magistrate for Exclusive trial
of CCB & CBCID Cases at Egmore, Chennai for the alleged offences under
Sections 406, 420, 422 & 506(i) of IPC and to quash the same.
2. The case of the prosecution is that the A1/deceased had borrowed a
sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) each from the
complainant and one Mr.Saravanan for investing the money in stock market
and assured them to return back within two months with 50 % profit accrued
through investment, for which he allegedly executed a loan agreement dated
03.03.2018 in the presence of the 1st petitioner/A2. All of sudden, on
15.07.2018, the A1 has committed suicide by consuming pills in a lodge
namely Raj Residency Hotel situated at Kent Lane, Egmore, Chennai – 600
008. Therefore, for recovery of alleged money the de-facto complainant has
lodged a private complaint under Section 156(3) of Cr.P.C., before the learned
Metropolitan Magistrate for Exclusive Trial of CCB & CBCID Cases at
Egmore, Chennai. Based on the complaint, the learned Magistrate directed the
1st respondent police to register an First Information Report. Based on which,
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CRL.O.P.No.21817 of 2022
on 05.02.2020, the 1st respondent police registered the Crime No.39 of 2020
for the offence under Sections 406, 420, 422 and 506(i) of IPC. After
completion of investigation, charge sheet was filed before the learned
Metropolitan Magistrate for Exclusive Trial of CCB & CBCID Cases at
Egmore, Chennai on 27.01.2022 and after taking cognizance, issued summons
to the accused and copies were served on 04.07.2022.
3. The learned Counsel appearing for the petitioner submitted that the
petitioners are neither the applicants nor the guaranteers. A1 Viz., the son of
the 1st & 2nd petitioner borrowed a loan from the de-facto complainant and
cheated the de-facto complainant. However, the petitioners are no way
connected with them and even one of the witnesses clearly spoken about the
role played by the petitioners. Therefore, after the death of A1, the petitioners
are no way connected with the alleged occurrence. He further submitted that
1st & 2nd petitioners/A2 & A3 are parents of A1 and the 3rd petitioner/A4 is the
brother-in-law of the A1 and they have nothing to do with the crime as alleged
by the prosecution.
4. The learned Additional Public Prosecutor appearing for the 1st
respondent would submit that the trial has been commenced and some of the
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CRL.O.P.No.21817 of 2022
witnesses have been examined in this case.
5. Heard Mr. Mr.N.Prakash, learned counsel appearing for the
petitioners and Mr.E.Raj Thilak, learned Additional Public Prosecutor
appearing for the first respondent.
6. It is relevant to rely upon the judgment of the Hon'ble Supreme
Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of
Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:-
" 12.So far as the second ground is
concerned, we are of the view that the High Court
while hearing the application under Section 482 of
the Cr.P.C. had no jurisdiction to appreciate the
statement of the witnesses and record a finding
that there were inconsistencies in their statements
and, therefore, there was no prima facie case made
out against respondent No.2. In our view, this
could be done only in the trial while deciding the
issues on the merits or/and by the Appellate Court
while deciding the appeal arising out of the final
order passed by the Trial Court but not in Section
482 Cr.P.C. proceedings.
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CRL.O.P.No.21817 of 2022
13.In view of the foregoing discussion, we
allow the appeal, set aside the impugned order and
restore the aforementioned complaint case to its
original file for being proceeded with on merits in
accordance with law.
7. Recently, the Hon'ble Supreme Court of India dealing in respect
of the very same issue in Crl.A.No.1572 of 2019 dated 17.10.2019 in the case
of Central Bureau of Invstigation Vs. Arvind Khanna, wherein, it has been
held as follows:
“19. After perusing the impugned order and on
hearing the submissions made by the learned senior
counsels on both sides, we are of the view that the
impugned order passed by the High Court is not
sustainable. In a petition filed under Section 482 of
Cr.P.C., the High Court has recorded findings on
several disputed facts and allowed the petition.
Defence of the accused is to be tested after
appreciating the evidence during trial. The very fact
that the High Court, in this case, went into the most
minute details, on the allegations made by the
appellant-C.B.I., and the defence put-forth by the
respondent, led us to a conclusion that the High
Court has exceeded its power, while exercising its
inherent jurisdiction under Section 482 Cr.P.C.
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CRL.O.P.No.21817 of 2022
20.In our view, the assessment made by the
High Court at this stage, when the matter has been
taken cognizance by the Competent Court, is
completely incorrect and uncalled for.”
8. Further the Hon'ble Supreme Court of India also held in the order
dated 02.12.2019 in Crl.A.No.1817 of 2019 in the case of M.Jayanthi Vs.
K.R.Meenakshi & anr, as follows:
"9. It is too late in the day to seek reference to
any authority for the proposition that while invoking
the power under Section 482 Cr.P.C for quashing a
complaint or a charge, the Court should not embark
upon an enquiry into the validity of the evidence
available. All that the Court should see is as to
whether there are allegations in the complaint which
form the basis for the ingredients that constitute
certain offences complained of. The Court may also
be entitled to see (i) whether the preconditions
requisite for taking cognizance have been complied
with or not; and (ii) whether the allegations
contained in the complaint, even if accepted in
entirety, would not constitute the offence alleged.
..............
13. A look at the complaint filed by the
appellant would show that the appellant had
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CRL.O.P.No.21817 of 2022
incorporated the ingredients necessary for
prosecuting the respondents for the offences alleged.
The question whether the appellant will be able to
prove the allegations in a manner known to law
would arise only at a later stage...................."
The above judgments are squarely applicable to this case and as such, the
points raised by the petitioner cannot be considered by this Court under
Section 482 Cr.P.C.
9. Whereas, on perusal of the statement of the 2nd respondent, it is
very clear that there are specific averments as against each of the petitioners to
attract the offences under Sections 406, 420, 422 and 506(i) of IPC. That
apart, they assured to return the amount after the death of the A1. They also
categorically admitted that on the receipt of the money from the de-facto
complainant, they redeemed the jewels pledged in the Muthoot Finance and
has also invested the money on their own company called Sujline Technologies
Private Ltd. Therefore, the grounds raised by the petitioners cannot be
considered before this Court in a quash petition, since they are all mixed
question of facts.
10. In view of the above discussion, this Court is not inclined to
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CRL.O.P.No.21817 of 2022
quash the proceedings in C.C.No.1620 of 2022 in Crime No.39 of 2020 on the
file of the learned Metropolitan Magistrate for Exclusive Trial of CCB &
CBCID Cases at Egmore, Chennai. The petitioners are at liberty to raise all
the grounds before the trial Court. The personal appearance of the petitioners
are dispensed with and they shall be represented by a counsel after filing
appropriate application. However, the petitioners shall be present before the
Court at the time of furnishing of copies, framing charges, questioning under
Section 313 Cr.P.C. and at the time of passing judgment. The trial Court is
directed to complete the trial within a period of 9 months from the date of
receipt of copy of this Order.
11. Accordingly, this criminal original petition is dismissed.
Consequently, connected miscellaneous petition are also closed.
12.09.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
mpl
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.21817 of 2022
G.K.ILANTHIRAIYAN, J.
mpl
To
1.The Inspector of Police,
Central Crime Branch
EDF-1, Team-2, Veppery,
Chennai - 07.
2.The Metropolitan Magistrate for
Exclusive Trial of CCB & CBCID Cases
at Egmore, Chennai.
3. The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.21817 of 2022
&
Crl.M.P.Nos.14107 & 14108 of 2022
12.09.2022
https://www.mhc.tn.gov.in/judis
