Saravana Arul vs The Inspector Of Police
2023 Latest Caselaw 11714 Mad

                                                         1

                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                          DATED : 01.09.2023

                                                       CORAM

                      THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                         Crl.O.P Nos.19470, 19474 and 19477 of 2023
             and Crl.M.P Nos.13145, 13147, 13150, 13151, 13148 & 13149 of 2023

           In Crl.O.P.No.19470 of 2023

           Saravana Arul,
           S/o.Late.Selvarathinam                                ..Petitioner

                                                 vs.

           1.The Inspector of Police,
             Documents Fraud Section-IV,
             Central Crime Branch,
             Tambaram City Police,
             Sholinganallur, Chennai-119.

           2.N Dot Dorwin Facade Solutions Pvt. Ltd.,
             rep. by its Director Mr.A.S.Jaya Gopi,
             Flat No.6, Second Floor, Door No.20, Old No.2178,
             Rajparis Karpagam Flats, 12th Main road,
             Anna Nagar, Chennai-600 040.                         ..Respondents

In Crl.O.P.No.19474 of 2023

Anandha Prabhu, S/o.Rajendran ..Petitioner

vs.

1.The Inspector of Police, Documents Fraud Section-IV, https://www.mhc.tn.gov.in/judis

Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai-119.

2.N Dot Dorwin Facade Solutions Pvt. Ltd., rep. by its Director Mr.A.S.Jaya Gopi, Flat No.6, Second Floor, Door No.20, Old No.2178, Rajparis Karpagam Flats, 12th Main road, Anna Nagar, Chennai-600 040. ..Respondents

In Crl.O.P.No.19477 of 2023

Arun, S/o.Sekar ..Petitioner

vs.

1.The Inspector of Police, Documents Fraud Section-IV, Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai-119.

2.N Dot Dorwin Facade Solutions Pvt. Ltd., rep. by its Director Mr.A.S.Jaya Gopi, Flat No.6, Second Floor, Door No.20, Old No.2178, Rajparis Karpagam Flats, 12th Main road, Anna Nagar, Chennai-600 040. ..Respondents

COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating pertaining to the impugned summons issued by the 1st respondent herein in C.No.427/DC- CCB/TBM/COP(PG)(T)/2023 dated 18.08.2023 and quash the same.

For Petitioner : Mr.G.Karthikeyan, https://www.mhc.tn.gov.in/judis (in all Crl Ops) Senior Counsel

For Respondents : Mr.A.Gopinath for R1 (in all Crl Ops) Government Advocate (Crl. Side)

COMMON ORDER

These petitions have been filed challenging the impugned

summons issued by the 1st respondent dated 18.08.2023.

2. The learned Senior counsel appearing on behalf of the

petitioner in each petition submitted that there is a money dispute between

the petitioner and the complainant and already proceedings have been

initiated before the NCLT, Chennai and same is pending. The learned Senior

Counsel submitted that the police do not have any role to play in this case,

since it involves a money transaction between the parties.

3. Per contra, the learned Government Advocate appearing on

behalf of the respondent police submitted that pursuant to the issuance of

summons, the petitioner in Crl.OP. No.19477 of 2023 appeared for the

enquiry and he also informed that the money will be settled to the

company.

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

4. In the considered the view of this court, on the face of it, it

looks like a money dispute between the parties. The summons has been

issued by the respondent police and one of the petitioner has undertaken to

settle the money. No further enquiry is required to be conducted in this

case. Either the police will have to come to a conclusion that it is a civil

dispute between the parties or if according to the police, a cognizable

offence is made out, they have to act in accordance with the Judgment of

the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of

Uttar Pradesh reported in 2013 (6) CTC 353.

5. In view of the same, no further enquiry is required to be

conducted pursuant to the summons issued to the petitioner and the

respondent police shall take a decision taking into account the observation

made by this Court.

6. All these Criminal Original petitions are disposed of accordingly.

01.09.2023

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

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order pal/rka

To

1.The Inspector of Police, Documents Fraud Section-IV, Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai-119.

2. The Public Prosecutor, High Court of Madras, Madras.

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

N. ANAND VENKATESH,. J.

pal/rka

Crl.OP Nos.19470, 19474 and 19477 of 2023

https://www.mhc.tn.gov.in/judis 01.09.2023