1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)No.4451 of 2011 and M.P.(MD)NO.1 of 2011 1.Raghu Rajan 2.Parimala Antroos ... Petitioners Vs. 1.The State of Tamil Nadu, Rep. by Sub Inspector of Police, Nesamani Nagar Police Station, Nagercoil. 2.J.Edwin Marinal ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to quash Crime No.373 of 2010 on the file of Judicial Magistrate Court, No.II, Nagercoil. For Petitioner : Mr.C.Godwin For R - 1 : Mr.S.Muthu Venkatesan Govt. Advocate (Crl.side) O R D E R This application is filed to quash Crime No.373 of 2010 on the file of the 1st respondent. 2. It is submitted by the learned counsel for the petitioners that the first petitioner has obtained an award against the second respondent, who is the defacto complainant, for a sum of Rs.2,02,700/- and the award was passed by the Chief Registrar of Chit, Marthandam and when the first petitioner demanded the chit amount without paying the same, this complaint was given by the second respondent containing false allegations. 3. According to me, while deciding a petition to quash the F.I.R., this Court has to see the allegations made in the F.I.R. and this Court should not consider the defence of the accused. As per the F.I.R., necessary allegations are made against the petitioners for having committed the offence stated therein. Whether the allegations or true or not can be decided only in the trial or during investigation and at this stage, it is very premature to decide that the second respondent has given a false complaint as the petitioners demanded the chit amount. Hence, I am https://hcservices.ecourts.gov.in/hcservices/ 2 not inclined to quash this petition. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1.The Sub Inspector of Police, Nesamani Nagar Police Station, Nagercoil. 2.The Chief Registrar of Chit, Marthandam 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.C.Godwin, Advocate, Sr.No.13810 vsm ssk/29.04.2011 /5c -2p/- Crl.O.P.(MD).No.4451 of 2011 12.04.2011 https://hcservices.ecourts.gov.in/hcservices/