K.Jeyapandi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.Nos.18033 &18036 of 2024 K.Jeyapandi ... Petitioner Vs

1. The Inspector of Police, K-8, Arumbackam Police Station, Chennai.

2. The Inspector of Police, Crime Branch CID, Metro-I, CBCID, Chennai.

3. The Registrar, Tamilnadu Medical Council, New No.914, Old no.569, Poonthamalli High road, Arumbackam, Chennai -106. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the proceedings in C.C.No.5535 of 2023 on the file of the CCB/CBCID Metropolitan Magistrate Court, Egmore and quash the same as illegal.

For Petitioner : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.5535 of 2023 on the file of the CCB/CBCID Metropolitan Magistrate Court, Egmore and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents/Police and perused the materials available on record.

3. It is submitted by the learned Additional Public Prosecutor appearing for the respondents/police that the petitioner obtained a /fake certificate as if he has completed the M.B.B.S course in regular basis. Hence, based on the complaint given by the third respondent herein, a

case was registered in Crime No.171 of 2018 as against the petitioner for the offence under Sections 465, 466, 468, 471, 474 and 484 of IPC on the file of the first respondent police. Thereafter, the investigation was transferred to the second respondent/police herein and a case was registered in Crime No.1 of 2021. After completion of investigation, the second respondent filed a charge sheet before the CCB/CBCID Metropolitan Magistrate Court, Egmore and the same was taken on file in C.C.No.5535 of 2023.

4. On a reading of the materials produced by the prosecution, viz., charge sheet, statements recorded under Section 161 Cr.P.C., it is seen that some of the prosecution witnesses, namely L.Ws.15, 16 and 19 have clearly spoken about the commission of the offence by the petitioner. Further, prima facie allegations are made out as against the petitioner to proceed with the case further.

5. In view of the same, this Court is not inclined to grant the relief as sought by the petitioner in this criminal original petition. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, the petitioner is at liberty to take all his defence before the trial court.

18.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, K-8, Arumbackam Police Station, Chennai.

2. The Inspector of Police, Crime Branch CID, Metro-I, CBCID, Chennai.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa and Crl.M.P.Nos.18033 &18036 of 2024 18.12.2024