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Madras High CourtCRL OP/10165/2022dismissed

S.Mohammed Shuaib v. Inspector Of Police

2022-06-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.10165 OF 2022 AND CRL.M.P.NO.6024 OF 2022 S.Mohammed Shuaib

...Petitioner

Vs.

The Inspector of Police, Central Crime Branch, EDF -2, Team III, Vepperi, Chennai 07.

...Respondent

Prayer : This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to call for the records pertaining to the final report dated 18.06.2021 in C.C.No.4425/2021 on the file of Hon'ble CCB and CBCID Special Court, Egmore, Chennai and quash the proceedings with respect to the present petitioner/3rd accused.

For Petitioner :

Mr.A.Parthasarathy For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the final report filed against the petitioner in C.C.No.4425/2021 on the file of the CCB and CBCID Special Court, Egmore, Chennai, dated 18.06.2021.

2. The allegation indicated in the final report is that the petitioner had dishonestly cheated the amount payable to the defacto complainant and the materials collected also indicated some substance in the allegation against the petitioner. At this stage, the Court cannot appreciate the value of the statements whether those statements will make out the offences or not and in such view of the matter, this Court does not find any materials to interfere with the final report. https://hcservices.ecourts.gov.in/hcservices/

3. At this stage, the learned counsel for the petitioner seeks indulgence of this Court to dispense with the personal appearance of the petitioner before the trial Court.

4. Accordingly, the presence of the petitioner shall be dispensed with before the trial Court except for receiving the copies, initial questioning, reply to charges, at the time of framing charges, questioning under Section 313 of Cr.P.C. or any date fixed by the trial Court and at the time of passing judgment.

5. In view of the above, this Criminal Original Petition stands dismissed. Further, the trial Court shall expeditely dispose the matter without any further delay. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar ham/shk To 1.The Inspector of Police, Central Crime Branch, EDF -2, Team III, Vepperi, Chennai 07.

2.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.A.Parthasarathy, Advocate Sr.No.33853 Crl.O.P.No.10165 of 2022 and Crl.M.P.No.6024 of 2022 RK(CO) RVM(20/06/2022) https://hcservices.ecourts.gov.in/hcservices/