1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.11813 of 2011 and M.P.No.2 of 2011 1.Abubkhan 2.Saibunisha : Petitioners(Accused 1 & 2) Vs. 1.The State Rep. by, The Inspector of Police, Enamukulathur Police Station, Trichy District. (Crime No.58/2011) 2.S.Sakila Banu : Respondents (Complainant) PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the F.I.R. in Crime No.58 of 2011 on the file of the 1st respondent and quash the same. For Petitioners : Mr.Prahalad Ravi For R – 1 : Mr.P.Kandasamy Government Advocate (Crl.Side) For R-2 : Mr.M.R.Srinivasan O R D E R Seeking to quash the F.I.R. in Crime No.58 of 2011 on the file of the first respondent police, the petitioners, who are accused 1 and 2 in the said case, have come up with the present petition. The second respondent is the defacto complainant in the said case. 2. According to the case, the jewels pledged by the second respondent redeemed byway of impersonation and mis-appropriation. The learned counsel for the petitioners would submit that an earlier occasion, a complaint was preferred by the second respondent before the Sub Inspector of Police, Enamkulathur Police Station, upon which, an enquiry was held by the Sub-Inspector of Police. On completing the investigation on 25.01.2011, the Sub-Inspector of Police, concluded that the said allegations are not true. Thereafter, another complaint was given on 04.02.2011 with similar allegations, upon which, the present case has been registered. According to the learned counsel for the petitioners, the present F.I.R is an abuse process of law and therefore, the same needs to be quashed. 3. The learned counsel for the second respondent would submit that since there was no action taken by the police on the complaint preferred earlier, she filed a petition before this Court in Crl.O.P.(MD)No.3977 of 2011 seeking to transfer the investigation of her complaint dated 02.12.2010. But it was represented before this Court that investigation had been transferred to the Deputy Superintendent of Police, Jeeeyapuram Circle, Trichy District. It is on this transfer, the present case has been registered. He further submitted that there are allegations made https://hcservices.ecourts.gov.in/hcservices/ 2 against the petitioners and therefore, no ground to quash the First Information Report. 4. The learned Government Advocate (Crl. Side) would submit that the case is under the investigation. 5. I have considered the above submissions and as rightly pointed out by the learned counsel for the petitioners, originally there was a complaint given by the second respondent, which was enquired into by the Sub-Inspector of Police, Enamkulathur Police Station. As rightly pointed out by the learned counsel for the petitioners, the Bank Manager has also given a statement in support of the petitioners. In such circumstances, the Sub Inspector of Police decided to close the case. On further steps taken by the second respondent, the investigation was transferred, upon which, the present case has been registered and there is no illegality in the registration of the present case. In sofaras the allegations are concerned, the complaint makes out prima facie materials requiring investigation. The contention of the learned counsel for the petitioners that the Bank Manager himself has given a statement in favour of the accused cannot be looked into at the stage because the truthful or otherwise of the bank needs to verify only by the Investigating Officer by making proper investigation. I do not find any reason that the matter requires further investigation. 6. Having looked into the above, this petition is dismissed with a direction to the first respondent to expedite the investigation and file a final report within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this order shall not misconstrued as a positive direction for filing a final report and it is absolutely for the Investigating Officer to make thorough investigation and to file a proper final report. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1.The Inspector of Police, Enamukulathur Police Station, Trichy District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.R.Sreenivasan, Advocate, SR.No.35167 +1cc to Mr.B.Prahalath Ravi, Advocate, SR.No.35498 vsm GH : 03.11.2011 : 2p/5c ORDER MADE IN CRL.O.P.(MD).No.11813 of 2011 11.10.2011 https://hcservices.ecourts.gov.in/hcservices/