IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.3902 of 2013 and M.P.No.1 of 2013 Muthoot Fincorp Ltd., rep. By its Area Manager A.Alagar ... Petitioner Vs The State by The Inspector of Police, B-8, Varity Hall Police Station (Crime), Coimbatore. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records on the file of the respondent relating to the summon dated 15.12.2012 to the petitioner in Crime No.953 of 2012 and quash the same.
For Petitioner : M/s.Sai Bharath and Ilan For Respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to call for the records on the file of the respondent relating to the summons dated 15.12.2012 to the petitioner in Crime No.953 of 2012 and quash the same.
2. The summon was issued straightaway directing the petitioner to produce the jewels which were pledged in their non- banking finance company, before the Investigating Officer on 21.12.2012. The learned counsel for the petitioner submitted that this sort of summons cannot be issued prior to commencement of investigation.
3. The learned Additional Public Prosecutor fairly submitted that the summon which is impugned in this petition may be quashed with a direction to issue fresh /proper summons.
4. Recording the said submission made by the learned Additional Public Prosecutor, the summon impugned in this Criminal Original Petition is quashed and the respondent is directed to issue a proper/ fresh summon to the petitioner. On receipt of the same, the petitioner shall cooperate with the investigation.
5. The Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is also closed.
25.01.2017 Index:Yes/No sbi To
1. The Inspector of Police, B-8, Varity Hall Police Station (Crime), Coimbatore.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.3902 of 2013 DATED: 25.1.2017 http://www.judis.nic.in