Madras High CourtCRL OP/2848/2021disposed of

K.Saiman v. The Inspector Of Police,

2021-02-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.2848 of 2021 and Crl.MP.No.1592 of 2021 K.Saiman S/o. Koil Pillai ... Petitioner Vs.

The Inspector of Police Civil Supplies-CID, Tiruvallore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in C.C.No.95 of 2020 pending before the learned Judicial Magistrate Court I, Chennai. For Petitioner : M/s.N.S.Sudharshana Sunder For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking to quash the charge sheet in C.C.No.95 of 2020 pending on the file of the learned Judicial Magistrate No.I, Tiruvallur.

2. The petitioner before this Court has been arrayed as A9 in the final report for the offence under Section 6(4) of Tamilnadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a) (ii) of the Essential Commodities Act, 1955.

3. The learned Government Advocate (Criminal Side) submitted that there are prima facie materials against the petitioner.

4. This Court has carefully considered the submission made on either side and also perused the materials placed on record.

5. The grounds that have been raised by the learned counsel for the petitioner is purely factual in nature and this Court cannot go into the same in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all his grounds before the Court https://hcservices.ecourts.gov.in/hcservices/

below and the Court below shall consider the same on its own merits and in accordance with law.

6. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar kal To 1.The Judicial Magistrate Court I, Chennai.

2. The Inspector of Police Civil Supplies-CID, Tiruvallore.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.Sudharshana Sundar, Advocate Sr.10768 Crl.OP.No.2848 of 2021 and Crl.MP.No.1592 of 2021 SMI(CO) EU 6.5.2021 https://hcservices.ecourts.gov.in/hcservices/