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2015 Supreme(Mad) 959

SATISH K.AGNIHOTRI, M.VENUGOPAL
Ganesan – Appellant
Versus
State, represented by The Inspector of Police – Respondent


Advocates:
Advocate Appeared
For the Petitioner:A. Ramesh, Senior Counsel for R. Jayaprakash, Advocate.
For the Respondents: R1 & R2, S. Shanmugavelayutham, Public Prosecutor.

Judgment

1. The Petitioner/A3 has filed the instant Criminal Original Petition under Section 482 of the Criminal Procedure Code praying for quashing of the F.I.R. in Crime No.29 of 2013 on the file of the 2nd Respondent (now transferred to the 1st Respondent/Inspector of Police, CB CID, Chennai).

2. Resume of Facts:

(i) According to the Learned Senior Counsel for the Petitioner/A3, the 3rd Respondent/Defacto Complainant lodged a complaint before the 2nd Respondent on 12.06.2013 alleging that his father Iyer was a chronic diabetic person (his both kidneys had failed) and he was treated by the Petitioner for dialysis. On one such occasion, when the 3rd Respondent/Defacto Complaint along with his father met the Petitioner/A3, in turn, he introduced Ayyavoo (A1) and Mrs.Saraswathi (A2) and stated that they would arrange Donor for his father’s kidney transplantation and in this regard, the Defacto Complainant had to negotiate with them and to incur the expenses arising thereto. It was also informed that an amount of Rs.1,00,000/- was paid to the Petitioner/A3 (Doctor) for transplantation.

(ii) The stand of the 3rd Respondent/Defacto Complainant is that he paid a sum of Rs.1,00,000/- to the






































































































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