Madras High Court
Mamreen vs The Inspector Of Police on 12 November, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.24121 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.No.24121 of 2024
Mamreen ... Petitioner
Vs.
1. The Inspector of Police
Crime Branch
J8 Neelangarai Police Station
Neelangarai, Chennai - 600 115
2. Ritesh Rai ... Respondents
Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call
for the records pertaining to the 41A Notice issued by the 1st respondent dated
02.09.2024 pending investigation on the file of the Inspector of Police,
Neelangarai Police Station and quash the same.
For Petitioner : Mr.M.Velmurugan
st
For 1 Respondent : Mr.S.Sugendran
Additional Public Prosecutor
nd
For 2 Respondent : Mr.K.P.Ananthakrishna
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Crl.O.P.No.24121 of 2024
ORDER
This Criminal Original Petition has been filed by the petitioner to quash st the notice issued under Section 41A Cr.P.C. by the 1 respondent police dated st 02.09.2024 pending investigation on the file of the 1 respondent police.
2. The learned counsel for the petitioner submitted that a case in Crime No.463 of 2023 has been registered against the petitioner's husband for nd allegedly selling of stolen car to the defacto complainant/2 respondent. Now st the petitioner has received a notice under Section 41A Cr.P.C. from the 1 respondent police calling her to appear for enquiry. He further submitted that the petitioner is no way connected with the said sales. Hence, the present petition has been filed seeking to quash the notice issued under Section 41A Cr.P.C.
st
3. The learned Additional Public Prosecutor appearing for the 1 respondent police submitted that the husband of the petitioner is the accused in 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24121 of 2024 in Crime No.463 of 2023 and that there is a money transaction taken place through the account of a partnership firm namely Minar Steel Corporation in which, the petitioner is also one of the partners. Therefore, she has to be necessarily interrogated. Hence, the notice under Section 41A Cr.P.C. was issued to the petitioner to attend the enquiry.
4. Heard both sides and perused the materials available on record.
5. Admittedly, the case in Crime No.463 of 2023 has been registered against the husband of the petitioner. According to the prosecution, the petitioner is also one of the partners of the firm through which certain money transaction has taken place and therefore, she has to be necessarily interrogated. Such being the case, the Court cannot interfere with the powers of the police/Investigating Officer for summoning any witness during investigation in order to complete the investigation in a fair manner. Hence, this Court is not inclined to quash the notice issued on the petitioner under Section 41 A Cr.P.C.
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6. Accordingly, this Criminal Original Petition is dismissed.
7. The petitioner is directed to comply with the notice issued on her by the 1st respondent police under Section 41A Cr.P.C.
12.11.2024
Index : Yes / No
Speaking Order : Yes / No
Neutral Citation Case : Yes/No
ksa-2
To.
1. The Inspector of Police
Crime Branch
J8 Neelangarai Police Station
Neelangarai, Chennai - 600 115
2. The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.24121 of 2024
P.VELMURUGAN. J.
Ksa-2
Crl.O.P.No.24121 of 2024
12.11.2024
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