Jotheeswaran v. The State Rep. by the Inspector of Police,

ORDER This Criminal Original Petition has been filed by the petitioners to quash the FIR in Crime No.223 of 2025 pending on the file of the 1 st respondent as far as the petitioner is concerned.

¶2The case of the prosecution is that when the defacto complainant/second respondent was need of money for business purpose, the petitioners approached him and offered to provide loan towards pledging of gold jewels. Believing their words, the defacto complainant pledged jewels weighting 758.620 grams and received money on various dates. While so, the third petitioner sent a legal notice to the defacto complainant as if, the defacto complainant pledged gold jewels and thereby liable to pay a sum of Rs.47,48,429/- by fixing higher rate of interest and also not accounted 110 grams of jewels. When the same was questioned, the petitioners threatened the defacto complainant with dire consequences. Hence, based on the complaint given by the defacto complainant, the FIR in Crime No.223 of 2025 was registered against the petitioners for the offences under Sections 420, 406, 294(b) and 506(1) IPC.

¶3The learned counsel for the petitioners submitted that it is a case of civil dispute and in order to give a criminal colour, a false case has been foisted against the petitioners.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the investigation is pending and the accused/petitioners are absconding.

¶5Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the first respondent police and perused the materials available on record.

¶6Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

¶7A perusal of the FIR shows that there are prima facie allegations against the petitioners. Therefore, this Court is not inclined to quash the FIR.

¶8The respondent police is directed to complete the investigation and file the charge sheet within a period of three months from the date of receipt of a copy of this order.

¶9With the above directions, this Criminal Original Petition is dismissed at the admission stage itself. Consequently, the connected Miscellaneous Petition is closed.

03.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

¶1The Inspector of Police Singanallur Police Station Coimbatore City

¶2The Public Prosecutor High Court of Madras P.VELMURUGAN. J. Ksa-2

03.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.14194 of 2025 and Crl.M.P.No.9663 of 2025 1. Jotheeswaran 2. Ramesh Kumar 3. A.Jaishree Devi ... Petitioners Vs. 1. State Rep. by Inspector of Police Singanallur Police Station Coimbatore City Crime No.223 of 2025 2. P.Surendra Babu ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for records with respect of Crime No.223 of 2025 pending on the file of 1st respondent and quash the same as far as the petitioner is concerned. For Petitioners : M/s.D.Jeevitha For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)