interim order that the investigation can go on. But, the first respondent is restrained from filing the final report until 14.06.2022. Crl.M.P.No.6430 of 2022 in Crl.OP.No.11209 of 2022 D.BHARATHA CHAKRAVARTHY,J.
IN
Crl.M.P.No.6430 of 2022 in Crl.OP.No.11209 of 2022
D.BHARATHA CHAKRAVARTHY,J.
The learned counsel for the
petitioner would submit that on perusal of the FIR, it would be very clear that the matter is civil in nature and no averment is made in the FIR, so as to make out the offences under Sections 406, 420 and 34 IPC.
2.Considering the submissions made
and upon the perusal of the FIR and the other documents contained in the typed set and upon hearing the learned Additional Public
Prosecutor, I am of the view that the petitioner has made out a prima facie case and therefore, there shall be an interim order that the investigation can go on. But, the first respondent is restrained from filing the final report until 14.06.2022.
5. Post the matter on 14.06.2022.
27.05.2022
(2/ 2) kp/shk
https://www.mhc.tn.gov.in/judis
THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.O.P. No. of 2022
In
Crime No. 176 of 2022
(on the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
Door No. 32, 2nd Floor,
Janakiraman Colony Main Road, Arumbakkam,
Chennai – 600106
…Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai
…Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
No.129A, 2nd Floor,
D Block, 1st Main Road,
Kilpauk,Chennai-600010
…Respondent/defacto complainant
AFFIDAVIT FILED BY MRS.S. SARANYA
I, S. Saranya, female, aged about 36 years, wife of N. Uthayakumar, having residence at Door No. 32, 2nd Floor, Janakiraman Colony Main Road, Arumbakkam, Chennai – 600106 do hereby solemnly affirm and sincerely state as follows;
1. I respectfully submit that I am the petitioner herein and as such, I am well acquainted with the facts and circumstances of the case.
2. I respectfully submit that I am filing this present petition seeking to quash the case in Crime No. 176 of 2022 under sections 406, 420 & 34 of the Indian Penal Code on the file of the 1st respondent police along with certain interim reliefs.
3. I respectfully submit that the alleged facts of the case is that the 2nd respondent/defacto complainant entered into a service agreement with the petitioner’s company for digital content creation for educational services of the defacto complainant’s company and it is alleged that the petitioner’s company was delaying the project delivery and thereby cheated the defacto complainant seeking recovery of data and machinery form the petitioner and other accused.
4. I respectfully submit that the real facts of the case is that the service agreement pertains to 1290 hours of video to be shot and edited for the defacto complainant’s company within a period of 108 working days from 5th June 2021. But the defacto complainant was incapable to bring qualified educational professionals for enacting the virtual classes as assured by him and in view of the same only part of the content amounting to about 218 videos were created and about 144 videos were edited and already handedover to the defacto complainant even as per the complaint. After adjusting the advance, amount of Rs. 20 Lakhs,
further invoices raised by the petitioner’s company for balance payments is pending and the defacto complainant is unable to come up with the payments due till today. The petitioner’s company has initiated arbitration proceedings on ____ and only in order to avoid making payments to the petitioner’s company, the defacto complainant has resorted to the present complaint and the respondent police has registered the case as Crime No. 176 of 2022 under sections 406, 420 and 34 of IPC on 11.04.2022.
5. I am advised to respectfully submit that the First Information Report in Crime No. 176 of 2022 on the file of respondent police is bound to be quashed for the following amongst other
GROUNDS
a. The FIR is not maintainable in law and the averments contained in the complaint are perse illegal, malafide and contrary to the truth.
b. The FIR suffers from non-application of mind.
c. The complaint and the FIR does not make out any cognizable offense.
d. The complaint and the FIR does not satisfy the ingredients of offences under Sections 406. It is pertinent to note that the delivery of about 75 percent of the content even when the defacto complainant had outstanding balance payments, would clearly show that there was no actus rea or mens rea on part of the petitioner or her company.
e. On a bare perusal of the complaint and the FIR, it is very clear that there is no dishonest intention from the inception, which is a basic ingredient to make out an offense under Section 420 of Indian Penal Code.
f. Pursuant to the initiation of arbitration by the petitioner’s company on 01.04.2022, the respondent police has registered this present complaint, which clearly shows that it is the defacto complainant who has intended to deceive the petitioner’s company.
g. The defacto complainant and the respondent police are conniving to give criminal colour for civil dispute, for ulterior reasons best known to them, which is clear from the fact that some male police officers were accompanying the defacto complainant to the residence of the petitioner and at around 1 a.m. in the middle of the night, the defacto complainant was handed over all the hardware of the petitioner, by the accompanying police officers in uniform, without any legal documentation such as a magazar or a panchanama. This clearly show that the respondent police acted as henchmen for the defacto complainant.
h. The respondent police has acted without any dignity and decorum as against me and I reserve my right to initiate appropriate proceedings as and when advised.
i. I reserve my right to raise additional grounds as and when required.
6. I respectfully submit that the defacto complainant is highly influential and have been threatening that he can do anything to me and my business, even after forcefully taking all my hardware with all the data worth over a crore, in connivance with the respondent police. I would have no protection of their ill doings if the subject FIR is not stayed pending disposal of this main Criminal Original Petition.
7. I respectfully submit that in view of the circumstance that the FIR was registered only on 11.04.2022 just before the holidays and on 15.04.2022 itself the respondent police and the defacto complainant have harassed the petitioner and threatened to arrest and send me to prison if I did not cooperate to their whims and fancies. I could not obtain certified copy of the FIR in haste; while I undertake to produce the same at the earliest, production of the certified copy of the FIR may be dispensed with for the present.
I therefore pray that this Hon’ble Court may be pleased to dispense with the production of the certified copy of the FIR in Crime No. 176 of 2022 on the file of the respondent police for the present and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
I therefore pray that this Hon’ble Court may be pleased to STAY all further proceedings pursuant to the FIR in Crime No. 176 of 2022 dated 11.04.2022 on the file of the respondent police pending disposal of the main Criminal Original Petition and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
I therefore pray that this Hon’ble Court may be pleased to call for records in Crime No. 176 of 2022 dated 11.04.2022 on the file of the respondent police and quash the same and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
Before Me
Solemnly affirmed at Chennai on this
20th day of April 2022 and
Signed her name in my presence. Advocate, Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.O.P. No. of 2022
In
Crime No. 176 of 2022
(on the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
…Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai
…Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
…Respondent/defacto complainant
QUASH PETITION
P.SATHYANATHAN-ER NO.263/2017
S.SHASHANK ER NO.1026/2021
COUNSEL FOR PETITIONER
+91 80562 04448
MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION
(UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.M.P No. Of 2022
In
Crl.O.P. No. Of 2022
In
Crime No. 176 of 2022
(On the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
Door No. 32, 2nd Floor,
Janakiraman Colony Main Road, Arumbakkam,
Chennai – 600106 …Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai …Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
No.129A, 2nd Floor,
D Block, 1st Main Road,
Kilpauk, Chennai-600010 …Respondent/defacto complainant
PETITION FOR STAY
For reasons stated in the accompanying affidavit, It is therefore pray that this Hon’ble Court may be pleased to STAY all further proceedings pursuant to the FIR in Crime No. 176 of 2022 dated 11.04.2022 on the file of the respondent police pending disposal of the main Criminal Original Petition and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this 21st day of April 2022
COUNSEL FOR PETITIONER
MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION
(UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.M.P No. of 2022
In
Crl.O.P. No. of 2022
In
Crime No. 176 of 2022
(On the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
Door No. 32, 2nd Floor,
Janakiraman Colony Main Road, Arumbakkam,
Chennai – 600106 …Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai …Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
No.129A, 2nd Floor,
D Block, 1st Main Road,
Kilpauk, Chennai-600010 …Respondent/defacto complainant
PETITION FOR DISPENSE WITH
For reasons stated in the accompanying affidavit, It is therefore pray that this Hon’ble Court may be pleased to dispense with the production of the certified copy of the FIR in Crime No. 176 of 2022 on the file of the respondent police for the present and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this 21st day of April 2022
COUNSEL FOR PETITIONER
MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.M.P No. Of 2022
In
Crl.O.P. No. Of 2022
In
Crime No. 176 of 2022
(On the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
Door No. 32, 2nd Floor,
Janakiraman Colony Main Road, Arumbakkam,
Chennai – 600106 …Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai …Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
No.129A, 2nd Floor,
D Block, 1st Main Road,
Kilpauk, Chennai-600010 …Respondent/defacto complainant
QUASH PETITION
The Petitioner is S. Saranya, W/o. N. Uthayakumar, Hindu, aged about 36 years residing at No. Door No. 32, 2nd Floor, Janakiraman Colony Main Road, Arumbakkam, Chennai – 600106.
1. The address for service on the petitioner is that of his counsel M/s. P.Sathyanathan Ms No.263 of 2017 and Shashank Ms.No 1056 of 2021, having office at #22,Old Law Chambers, High Court Buildings, Chennai – 600 104.
2. The address for service on the respondent(s) is the same as stated above.
For the reasons states in the accompanying affidavit, It is therefore prayed that this Hon’ble Court may be pleased to call for records in Crime No. 176 of 2022 dated 11.04.2022 on the file of the respondent police and quash the same and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this the 20th day of April 2022.
COUNSEL FOR PETITIONER
MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
Crl.M.P No. Of 2022
In
Crl.O.P. No. Of 2022
In
Crime No. 176 of 2022
(On the file of the Respondent Police)
S. Saranya, F/A: 36 yrs,
W/o. N. Uthayakumar,
Door No. 32, 2nd Floor,
Janakiraman Colony Main Road, Arumbakkam,
Chennai – 600106 …Petitioner/Accused – 1
-Vs.-
1. State Represented by,
Inspector of Police,
K-8 Arumbakkam Police Station,
Chennai …Respondent/Complainant
2. K. Gokulraj,
S/o. Karunamoorthy,
No.129A, 2nd Floor,
D Block, 1st Main Road,
Kilpauk, Chennai-600010 …Respondent/defacto complainant
TYPED SET OF PAPERS
SL No Date Particulars Pages
1 05.07.2021 Service Agreement
2 27.072022 Investment /Purchase Invoices
3 23.03.2022 Invoice raised against Respondent 1 for the Service of video shooting for 74 days
4 23.03.2022 Invoice raised against Respondent 1 for the Service of video editing for axus lear app
5 23.03.2022 Invoice raised against Respondent 1 in respect of Studio Rental and Concept work etc.
6 29.08.2021 Minutes of meeting discussed between Petitioner and Respondent 2
7 01.04.2022 Arbitration Notice issued against R2
8 11.04.2022 First Information Report
9 15.04.2022 CCTV Footage of R1 & R2 appearance at Petitioner house
10 15.04.2022 Undertaking letter given by Respondent 2 addressed to Inspector of Police
Dated at Chennai on this 21st day of April 2022.
Counsel for Petitioner
