J.Santhosh v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl. M.P. No. 4486 of 2025 J. Santhosh ... Petitioner Vs The State Rep., by The Inspector of Police, K-7, I.C.F. Police Station, Chennai - 600 038.

... Respondent (Crime No. 807 of 2017) PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the returned Docket Order dated 03.03.2025 passed in Crl.M.P.No. unnumbered of 2025 in S.C. No. 145 of 2019 on the file of the learned XIX Additional City Civil and Sessions Judge, Chennai and consequently direct the learned XIX Additional City Civil and Sessions Judge, Chennai to number.

For Petitioner : Mr. S.R. Karthikeyan For Respondent : Mr. A. Gopinath, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed challenging the docket order dated 03.03.2025 passed by the Crl.M.P.No. unnumbered of 2025 in S.C. No. 145 of 2019 on the file of the learned XIX Additional City Civil and Sessions Judge, Chennai, thereby returned the petition filed by the petitioner under Section 94(1) r/w 256(3) of BNSS 2023 to produce the Chief and Cross deposition of PW5 and PW14 in J.C. No. 199 of 2018 by the learned XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai.

2. The Xerox copy of the deposition of PW5 and PW14 in J.C. No. 199 of 2018 on the file of XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai were already marked through the investigation officer.

3. That apart, now the matter is posted for arguments. Therefore, the application filed by the petitioner is only to drag the proceedings and it is not even maintainable since he has asked for the learned Magistrate to produce evidence.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 03.03.2025 passed by the XIX Additional City Civil and Sessions Judge, Chennai.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 12.03.2025 Index:Yes/No AT To 1.The XIX Additional City Civil and Sessions Judge, Chennai. 2.The XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai.

3.The Inspector of Police, K-7, I.C.F. Police Station, Chennai - 600 038.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT Crl. O.P. No. 7023 of 2025 and Crl. M.P. No. 4486 of 2025 12.03.2025