Shri.Farooq Ubaithulla v. The Senior Intelligence Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRL.O.P.NO.3241 OF 2016 AND CRL.M.P.NO.1686 OF 2016 Farooq Ubaithulla ... Petitioner Vs.

1. The Senior Intelligence Officer, Directorate of Revenue Intelligence, No.25, Gopalakrishna Iyer Road, T.Nagar, Chennai-600 017

2. The Inspector of Police, G7, Chetpet Police Station, Chennai.

... Respondents The second respondent is impleaded as per the order of this Court dated 15.02.2016 made in Crl.O.P.No.1686 of 2016 by RMJ. PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the complaint in E.O.C.C.No. 98 of 2015 filed by the Respondent pending before the Additional Chief Metropolitan Magistrate Court (E.O.I), Egmore, Chennai and quash the same.

For petitioner : Mr.Hari Radhakrishnan For R1 : Mr.N.P.Kumar Special Public Prosecutor for Directorate of Revenue Intelligence For R2 : MR.L.Charles Premkumar Government Advocate (Crl.side)

ORDER

This petitioner has been filed to quash the proceedings in E.O.C.C.No. 98 of 2015 pending before the learned Additional Chief Metropolitan Magistrate Court (E.O.I), Egmore, Chennai. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Special Public Prosecutor appearing for the 2nd respondent has submitted that in this case nine witnesses have been examined and the matter has been posted for cross examination of P.W.8 and P.W.9.

3.Recording the aforesaid submission, the truthfulness of allegation in the case has to be decided by letting in evidence in the trial Court; by invoking the provisions under Section 482 Cr.P.C., the proceedings before the trial Court cannot be quashed.

4.Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsn To

1. The Senior Intelligence Officer, Directorate of Revenue Intelligence, No.25, Gopalakrishna Iyer Road, T.Nagar, Chennai-600 017

2. The Inspector of Police, G7, Chetpet Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

4. The Additional Chief Metropolitan Magistrate, (Economic Offences I), District Judge, Egmore, Chennai.

Crl.O.P.No.3241 of 2016 and Crl.M.P.No.1686 of 2016 VSNII(CO) CS/10/03/2021 https://hcservices.ecourts.gov.in/hcservices/