Viswanathan M. v. S. K. Teles and Potteries Private Ltd. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Online)(SC) 79

SUPREME COURT
, J
Viswanathan M. v. S. K. Teles and Potteries Private Ltd. and Others

Table of Content
1. allegations of theft and forgery must be substantiated for investigation. (Para 2 , 5 , 6)
2. jurisdiction under s.482 requires careful consideration of complaints. (Para 4 , 10)
3. high court misapplied discretion in quashing criminal proceedings. (Para 12 , 13)

1. Leave granted.

2. The challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court allowing the application filed under S.482 of the Code of Criminal Procedure, 1973 (in short "CrPC"). Prayer in the petition was to call for the records in Crime No. 576 of 2005 on the file of the Inspector of Police, Team IV, Central Crime Branch, Chennai, and to quash the same. Respondents 1 to 4 were booked for alleged commission of offences punishable under S.379, S.468, S.471, S.420, S.506 Part II of the Penal Code, 1860 (in short "IPC") based on the reference made by the learned Additional Chief Metropolitan Magistrate, Egmore, on the complaint presented by the present appellant under S.200 CrPC.

3. In the complaint essentially it was stated as follows:
"3. The first accused is M/s Sri Krishna Tiles and Potteries (Madras) (P) Ltd., the second accused is A. R. Santhanakrishnan, Directo