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2025 DAILYLAW 19239 (MAD)

S.KUDIARASI v. The State Rep by, The Inspector of Police,

CRL OP/14202/2025 · 2025-06-03

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.14202 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.14202 of 2025 S.Kudiarasi ... Petitioner Vs. 1. State Rep. by Inspector of Police Gobichettipalayam Police Station, Erode District (Crime No.433 of 2024) 2. Palanisamy 3. Someswaran 4. Velumani ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records and quash the FIR in Crime No.433 of 2024 on the file of the first respondent police in respect of this petitioner. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14202 of 2025 For Petitioner : M/s.R.Soniaglory For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) ORDER This Criminal Original Petition has been filed by the petitioner to quash the FIR in Crime No.433 of 2024 on the file of the first respondent police in so far as the petitioner is concerned. 2. The case of the prosecution is that the petitioner along with other accused, cheated the defacto complainant and others to the tune of Rs.1,60,00,000/- by conducting unregistered auction chit. Hence, the FIR in Crime No.433 of 2024 was registered against the petitioner and two others for the offence under Sections 120B, 420 of IPC and 76(1) of the Chit Funds Act, 1982. 3. The learned counsel for the petitioner submitted that the petitioner/A3 is no way connected with the alleged offence. Except introducing the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14202 of 2025 respondents 3 and 4 to A1, she has not committed any offence. He further submitted that now the petitioner and the respondents 3 and 4 have entered into compromise and settled the dispute. Hence, he prayed to quash the FIR. 4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that there are totally 8 victims/depositors and out of which, only 2 victims/depositors have been settled and the remaining 6 victims/depositors have not been settled. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record. 6. Since no adverse order is being passed against the respondents 2 to 4, notice to the respondents 2 to 4 is dispensed with. 7. A reading of the FIR shows that there are prima facie materials to proceed with the case. Therefore, this Court is not inclined to quash the FIR. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14202 of 2025 8. Accordingly, this Criminal Original Petition is dismissed at the admission stage itself. 03.06.2025 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14202 of 2025 To 1. The Inspector of Police Gobichettipalayam Police Station Erode District 2. The Public Prosecutor High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14202 of 2025 P.VELMURUGAN. J. Ksa-2 Crl.O.P.No.14202 of 2025 03.06.2025 6/6 https://www.mhc.tn.gov.in/judis