SANTHOSH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in P.R.C.No.30 of 2013 on the file of the Judicial Magistrate No.II, Kovilpatti.

(2.) The respondent laid charge sheet for the offence under Sections 406, 420 and 306 of I.P.C. as against two accused persons, in which, the petitioner is arraigned as A The charges are that the deceased Gnanaraj was a Taxi driver and plying taxi in Chennai. The first accused viz., Senthil Kumar was running a Travels in the name and style of Sabari. The deceased Gnanaraj plied his taxi under the first accused, for which, a sum of Rs. 45,000/- was balance to him. Further, in the year 2011, the deceased handed over jewels for purchasing of car by pledging jewels to the tune of Rs. 1,60,000/- and the first accused cheated him by not purchasing any car. Further, the deceased also plied taxi for the marriage of the second accused to the tune of Rs. 47,500/-, in which also the second accused failed to pay the said amount to eh deceased. When the deceased asked for payment from the first accused, he threatened with dire consequences to his life and also since the second accused did not pay the amount, the deceased suffered with mental agony and committed by consuming poison on 07.09.2011 at about early morning 01.30 a.m. Hence the charges.

(3.) The learned counsel appearing for the petitioner would raise the following grounds to quash the criminal proceedings against the second accused/petitioner herein: