Familial relationships alone do not establish criminal liability; direct evidence of involvement in the crime is necessary.

O R D E R

On the complaint given by one Saravana Perumal, the 1st respondent has registered F.I.R in Crime No.459 of 2022 on 28.11.2022. The complaint is that one Pandurangan along with five others have deceived him by showing fabricated documents and cheated a sum of Rs.49,07,000/-. Further, in the complaint it was also alleged that when the complainant met Pandurangan and sought for return of money obtained by inducement, the said Pandurangan threatened him with dire consequence. Hence, they have committed offences under Section 465, 468, 471, 406, 420, 506(1) and 120 B of I.P.C.

2. On completion of investigation, final report filed before the Judicial Magistrate-II, Alandur and the same was taken on file in C.C.No.355 of 2023. The petitioner herein who is mother-in-law of said Pandurangan is arrayed as A3.

3. The substance of the final report states that A1/Pandurangan and the complainant Saravanan Perumal got acquittance in the year 2019 in a function and the Pandurangan, posed himself as a man of affluence and doing a lucrative business as a Realtor and also Managing about 100 acres of land at Koovathur owned by his father-in-law. Being enticed and induced by the words of said Pandurangan, the complainant mobilised Rs.49,07,000/- from his source and two of his friends namely, Ramesh Kumar and Vijayaraman and gave to Pandurangan on various dates expecting lucrative returns for the investment. However, Pandurangan failed to give any returns but showed some fake document as if he owns right over the property and will repay the money, selling the property. Later, the complainant came to know that the money received from the complainant been invested on jewels and properties and later sold by the 1st accused Pandurangan and also the money been transferred to the accounts of the other accused persons.

4. The Learned Senior Counsel appearing for the petitioner (A3)

submitted that the entire reading of the statement of witnesses relied by the prosecution and the documents will not disclose any cognizable offence as against this petitioner/A3 to attract offences under Sections 420 and 406 of I.P.C. There is no allegation either in the complaint or in the statement of witnesses, to implicate the petitioner herein for the alleged offences under Section 120B , 465, 468, 471, 506(1) of I.P.C.

5. Pointing out the statement of the complainant and the other witnesses which are relied by the prosecution, the Learned Senior Counsel for the petitioner submitted that the petitioner/A3 being mother-in-law of the said Pandurangan to whom the defacto complainant and his friends Ramesh Kumar and Vijayaraman alleged to have entrusted money, no way connected with their money transaction. Even according to the complainant, the only allegation made against this petitioner is that once when the complainant went to the house of the petitioner herein to met Pandurangan, at that time, the petitioner told the complainant that if you act as per the advice of Pandurangan you can make money. This utterance even if admitted to be true will not satisfy the ingredient to attract offences under Section 406 and 420 of I.P.C.

6. Further, the Learned Senior Counsel for the petitioner submits that the money was transferred allegedly to the account of Roj Leather Exports Private Limited which is the proprietary concern owned by Pandurangan.

Whereas, the petitioner is one of the Director in Roj Leather Exports Private Limited. By mistaken identity, the petitioner been prosecuted as if she has received money from the defacto complainant through A1.

7. The case of the prosecution is that the defacto complainant Saravanan Perumal paid a sum of Rs.11,50,000/- through bank transaction into the account of Pandurangan and Rs.15,37,000/- through cash. His friends Ramesh Kumar paid Rs.11,00,000/- in cash and Vijayaraman paid Rs.11,20,000/- by cash. Admittedly, all the payments were made to Pandurangan (A-1) and not to the petitioner/A3. The final report states that money transferred t