Madras High Court
Vasu vs The Inspector Of Police on 19 September, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P.No.22901 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.22901 of 2024
Vasu ... Petitioner
Vs.
1.The Inspector of Police,
B4, Annathanapatti Police Station,
Salem
2.Saranya ... Respondents
Prayer: Criminal Original Petition is filed under Section 528 BNSS,
pleased to call for the records pertaining to summons, dated 04.09.2024
issued to the Petitioner in CSR No.394/2024, on the file of the 1st
Respondent police and quash the same as unsustainable in law
For Petitioner : Mr.SP.Chockalingam
For R1 : Mr.K.M.D.Muhilan
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition is filed to quash the summons
dated 04.09.2024 issued by the 1st respondent police for appearance and
participate in the enquiry in respect of statements given by one Saranya
on 13.08.2024 registered in C.S.R.No.394 of 2024.
https://www.mhc.tn.gov.in/judis
2. The learned counsel appearing for the petitioner submitted
that due to political influence, a pure civil dispute been given criminal
colour with intention to speedy recovery of money due and payable. He
further submitted that there was business transaction between the
petitioner and late Venkatesh who is the husband of the said Saranya. The
pigment supplied by Venkatesh is substandard and therefore, there was
dispute in settling the amount between the petitioner and the said
Venkatesh. Meanwhile, the said Venkatesh died in the year 2021 and
thereafter, based on the negotiations, the petitioner has substantially paid
the due and only Rs.30 lakhs to be paid, whereas, the said Saranya
demanding Rs.56 lakhs. In support of the petition to quash, the learned
counsel for the petitioner relying upon the judgment in A.M.Mohan Vs.
The State represented by SHO and another reported in 2024 INSC 233.
3. The learned Government Advocate (Crl.Side) appearing for
the respondent police submitted that no FIR been registered so far by the
respondent police on intimation received from hospital that one Saranya
admitted for consuming excessive sleeping tablets with intention to
commit suicide. Police went to the hospital and recorded the statement
wherein, she has stated that one Ramasamy, Vasu (Petitioner herein) and
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Mani had to pay the money, but they are delaying the payment.
Therefore, she went to commit suicide. However, the relatives have
rescued her and admitted in the hospital. Hence the police has registered
C.S.R.No.394 of 2024 and in this connection, since the name of the
petitioner is also mentioned in the statement, he was called for enquiry.
4. From the statement of the said Saranya and documents relied
by the petitioner herein as well as the submissions made by the learned
counsel for the petitioner and the summons which is impugned in this
petition, it is very obvious that the police on recording the statement of
Saranya who attempted to commit suicide, wants to conduct investigation
about the averments made in the statement, hence they have registered
C.S.R., against this petitioner.
5. The petitioner who claims that it is purely a civil dispute can
produce all the documents before the Investigating Officer, who has
caused summons and established that he is not the cause for said
Saranya's attempt to commit suicide. Mere causing of summons for
enquiry cannot be presumed to be an attempt to convert a civil dispute
into criminal case, since in this case obviously a lady has attempted to
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commit suicide and she had given reason which has forced to commit
suicide. The Investigating Officer who conduct the enquiry, will be the
appropriate person to assess whether the money transaction between the
petitioner and Saranya has any nexus to her attempt to commit suicide.
6. Therefore, without making any further observation, this
Criminal Original Petition is disposed of directing the petitioner herein to
produce all the documents which has been now placed before the Court
for consideration, to the Investigating Officer who has caused summons.
On such production of the documents, the Investigating Officer shall take
appropriate decision regarding C.S.R., and proceed in accordance with
law. The Investigating Officer is directed to dispose of the CSR on
completing the enquiry within a period of 15 days.
19.09.2024
Index : Yes/No
Neutral Citation : Yes/No
rpl
To
1.The Inspector of Police,
B4, Annathanapatti Police Station,
Salem.
https://www.mhc.tn.gov.in/judis
2.The Public Prosecutor,
High Court of Madras,
Chennai.
Dr.G.JAYACHANDRAN,J.
rpl
https://www.mhc.tn.gov.in/judis
19.09.2024
https://www.mhc.tn.gov.in/judis
