ILAIYABHARATHI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to call for the records in Crime No.148 of 2021 pending investigation on the file of the first respondent Police and quash the same.

(2.) The case of the prosecution is that the defacto complainant was allotted a single cylinder by Mahabharathi Indane Gramin VIT in Consumer No.7077451828. When she went to purchase Kerosene from the ration shop, she was informed that since she has got two gas connections in her name, Kerosene has not been supplied to her. Therefore, she approached the Gas Agency and enquired about that. At that time, she came to know that by forging her signature, an additional gas cylinder connection has been obtained by the accused and the same was sold in the open market for profit. Therefore, she made a complaint before the Superintendent of Police, Pudukottai. During the enquiry, the accused promised to cancel the additional gas connection which stands in the name of the defacto complainant. Later, on 08.09.2020, when she approached the Gas Agency, she was abused and criminally intimidated. Therefore, she gave a complaint before the Thirugokarnam Police Station and there was no action taken by the Police. Hence, she made a petition under Section 156(3) of Cr.P.C. before the learned Judicial Magistrate No.II, Pudukottai seeking a direction to register the case and investigate the matter. Based upon the order passed by the learned Judicial Magistrate, a case has been registered in Crime No.148 of 2021 under Sections 294(b), 506(1), 420, 469 of IPC on 24.02.2021. Pending investigation, this petition came to be filed seeking quashment of the First Information Report mainly on the ground that no specific overtact has been attributed against the accused and there is no criminal intimidation.

(3.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.