ORDER

This petition has been filed challenging the F.I.R. in Crime No.84 of 2019 on the file of the Inspector of Police, Attur Town Police Station, Attur, Salem District .

2.The petitioner has been arrayed as acussed No.1 in Crime No.84 of 2019. The case of the prosecution is that on 20.06.2019 at about 10.00 a.m. four unkown persons in a car bearing Registration No. TN 33 AL 3477 came on Sannasi Mount river path; another unknown person was standing outside the car gave them a sum of Rs.2,00,000/- (Rupees Two Lakhs only); a physically challenged person was also one of the persons inside the car and he received the amount by telling that he would double the amount within 10 days and pay it back, the de facto complainant who is a fruit-vendor was there adjacent to the place of occurrence and he overheard the conversation, so he gave a complaint to the 1st respondent police and on which a case has been registered for the offences under Sections 417 and 420 I.P.C.

3.The learned counsel for the petitioner submitted that registering the F.I.R. on the complaint given by the de facto complainant itself is in violation of law and is unsustainable; the F.I.R. has been registered without any proper investigation; the complaint does not have any locus standi to file against the petitioner; in view of Section 39 Cr.P.C., no one

https://www.mhc.tn.gohv.ains/ju dciosme forward to claim any ownership of the amount recovered from

the petitioner; petitioner's own earnings; no one had also given any complainant stating that the money is missing or misused by the petitioner's; hence, the F.I.R. is liable to be quashed.

4.The Learned counsel for the petitioner further submitted that the case has been registered on the complaint given by the 2nd respondent/ de facto complainant for the offences under Sections 417 and 420 I.P.C. On the basis of the allegations as stated supra.

5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent police and perused the materials available on record.

6.The attention of this Court is drawn to the Section 39 Cr.P.C.

which lists out certain offences about which a person is under an obligation to give information to the nearest Magistrate or police. So far as the offences under Sections 417 and 420 I.P.C. are concerned, only the aggrieved should give the information. The de facto complainant is not a person who was aggrieved by losing his money in the alleged occurence.

7.He had stated that he witnessed some one exchanging money with someone else. As pointed out by the learned counsel appearing for the petitioner, the records does not disclose any complaint given by any other person stating that he was cheated or he was made to sustain loss of Rs.2,00,000/- (Rupees Two Lakhs only). The complaint has been given in contravention to the Sec. 39 Cr.P.C. Since the F.I.R. itself has been registered without following the appropriate provisions of law, it is liable to be quashed.

7.Accordingly, this Criminal Original Petition is allowed and the proceedings in F.I.R. in Crime No.84 of 2019 against the petitioner/ A1 is quashed. Consequently, the connected miscellaneous petition is closed.

06.12.2022 Index: Yes/no Internet: Yes/No gba To The Inspector of Police, Attur Town Police Station, Attur, Salem District.

(Crime No.84 of 2019)

R.N.MANJULA, J.

gba Crl.O.P.No.28107 of 2019

06.12.2022