Madras High Court
P.Peter Arivarasan vs The State Represented By on 5 August, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C.No.553 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.553 of 2025
P.Peter Arivarasan ... Petitioner
Vs
1. The State represented by,
The Inspector of Police,
CCB, EDF-II, Vepery,
Chennai-600 007.
2. A.Pradeep
3. A.Ashok
4. J.Hajamoideen
5. Juhurnisha
6. Manarasina
7. Thameemnisha
8. Sahari Banu
9. Noornisha
10. Safeena Parveen ... Respondents
PRAYER: Criminal Revision Case is filed under Section 397 read with 401 of
Code of Criminal Procedure, to set aside the order passed by the Learned
Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to
Cheating Cases at Chennai) and CBCID Metro Cases, Egmore, Chennai-08 in
Crl.M.P.No.69553 of 2024 by an order dated 04.03.2025.
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Crl.R.C.No.553 of 2025
For Petitioner : Mr.S.Suresh
For R1 : Mr.A.Gopinath
Government Advocate (Crl.side)
For R2 and R10 : Mr.S.S.Swaminathan
ORDER
This Criminal Revision has been filed challenging the order dated 04.03.2025 made in Crl.M.P.No.69553 of 2024 passed by the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases at Chennai) and CBCID Metro Cases, Egmore, Chennai-08, thereby dismissing the petition filed under Section 319 of Cr.P.C to implead the respondents 5 to 10 herein.
2. Heard the learned counsel appearing on either side and perused the materials placed on record.
3. The petitioner lodged a complaint alleging that he had entered into an agreement to purchase the subject property owned by the respondents 5 to 10 herein through their Power of Attorney, viz., the first accused. However thereafter, it was converted into a joint venture agreement to develop the same.
The first accused assured that there is no encumbrance in the subject property.
Believing the said words, the petitioner had invested a huge sum to develop the Page 2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/08/2025 04:11:49 pm ) Crl.R.C.No.553 of 2025 said property and also paid the substantial amount to the first accused.
Thereafter, it was found that a suit is pending in respect of the subject property.
Hence, the complaint.
4. On receipt of the complaint, the first respondent registered FIR in Crime No.376 of 2018 and after completion of investigation, filed final report.
It has been taken cognizance by the Trial Court as against A1 to A3. The owners of the property are not the accused. After examination of PWs.1 and 2, the prosecution filed a petition under Section 319 of Cr.P.C to implead them as accused, since there are specific overtact as against them.
5. A perusal of the evidences of PWs.1 and 2 revealed that there is no specific averment as against the owners of the property. Admittedly, the owners had executed a Power of Attorney in favour of the first accused and in turn, the first accused entered into a joint venture agreement with the petitioner.
That apart, already the petitioner also filed a suit for recovery of money as against the first accused and the same was also decreed in his favour.
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6. Though the Trial Court dismissed the petition on the ground that the application filed under Section 319 of Cr.P.C can be entertained only after cross examination, the proposed accused cannot be impleaded, if no case is made out as against them.
7. In view of the above, this Court finds no infirmity or illegality in the order dated 04.03.2025 made in Crl.M.P.No.69553 of 2024 passed by the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases at Chennai) and CBCID Metro Cases, Egmore, Chennai-08.
8. Accordingly, the Criminal Revision Case stands dismissed.
05.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Page 4 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/08/2025 04:11:49 pm ) Crl.R.C.No.553 of 2025 To
1. The Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases at Chennai) and CBCID Metro Cases, Egmore, Chennai-08.
2. The Inspector of Police, CCB, EDF-II, Vepery, Chennai-600 007.
3. The Public Prosecutor, High Court, Madras.
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