K SUDHAKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records relating to the proceedings of the charge sheet in C.C. No.10634 of 2014 on the file of the Chief Judicial Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

(2.) The petitioner lodged a complaint on 23.05.2012 alleging that one Varadarajan and his wife Alli have collected huge amounts of money from him and others, promising them that they would get job for them in various Government establishments with their clout in the Government. On this complaint, the respondent police registered a case in Crime No.301/2012 on 23.05.2012 under Section 406 and 420 IPC against Varadarajan and Alli and after completing the investigation, has filed a final report in C.C. No.10634 of 2014 before the Chief Metropolitan Magistrate Court, Chennai, for offences under Section 406 and 420 IPC read with Section 34 IPC against Varadarajan (A1), Sudhakar (A2/petitioner/de facto complainant) and Alli (A3), challenging which, Sudhakar is before this Court.

(3.) Mr. N. Thiagarajan, learned Senior Counsel appearing for the petitioner submitted that the petitioner was the whistleblower who first set the law into motion by lodging the complaint, based on which, the FIR in this case has been registered, whereas, he has been made an accused by the police, ignoring the fact that he himself was a victim of Varadarajan (A1) and Alli (A3). The learned Senior Counsel also submitted that the petitioner is an ex-serviceman and even in the confession statement of Varadarajan (A1), it is clearly stated that various monies were received by him (Varadarajan) and not by the petitioner. He further submitted that Varadarajan (A1) had admittedly issued cheques to various victims, which only shows that the petitioner was in no way responsible for the alleged incident.