ANNADURAI Vs. PALANISAMY

JUDGEMENT

(1.) The petitioner has filed this petition seeking to call for the records in Crl.R.C.No.2 of 2016 dated 10.01.2017 on the file of II Additional District Judge, Salem and quash the same.

(2.) The case of the prosecution is that the defacto complainant is a retired Forest Officer and his daughter-in-law is Priya and she was trying for the post of Government Teacher, after writing the exam conducted by the Teachers Training Board and at that time, the defacto complainant had acquaintance with one Ponmozhi (1st accused) wife of the petitioner herein/A-2, who was working as Office Superintendent at Government Press, Salem and the 1st accused assured the defacto complainant to get his daughter-in-law a Teacher Post. Believing her words, the defacto complainant gave a sum of Rs.2,70,000/- totally on different occasions. However the 1st accused did not get any job as promised. Therefore on 22.04.2013 when the defacto complainant approached the accused persons for return back of money, they told that they would tell that they did not receive money and further they threatened the defacto complainant that if he did anything they would give a false case against the defacto complainant. Apprehending over the same, the defacto complainant lodged a complaint before the Fair Land Police Station, but no action was taken and thereafter a complaint was given before the Deputy Commissioner, Salem but even thereafter no action was taken and therefore stating the entire facts, he has filed a complaint under Section 200 Cr.P.C. before the learned Judicial Magistrate No.5, Salem.

(3.) The learned Magistrate forwarded the same to Fairlands Police Station under Section 156(3) Cr.P.C and after receipt of the complaint, the Sub Inspector of Police, Fairlands Police Station registered a case in Cr.No.116/2014 under Sections 460, 409, 420 and 120B IPC. The respondent Police had conducted investigation and filed Charge Sheet before the learned Judicial Magistrate No.5, Salem and the said Trial Court has ordered to issue summons to the accused persons and they appeared before the Judicial Magistrate. In the meanwhile, the petitioner herein had come forward with a discharge petition contending that there was no prima facie evidence or material against him, so as to frame charge under Sections 406, 409, 420 and 120B IPC. The learned Judicial Magistrate having found that no prima facie evidence and materials were available against the petitioner, discharged him from the case.