Kishore Bafna v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kishore Bafna .....

Petitioner Vs 1.State represented by The Inspector of Police, Central Crime Branch, Vepery, Chennai-7 2.Kavitha .....

Respondents PRAYER: Criminal Revision Case is filed under Section 438 of BNSS, 2023, praying to call for the records and set aside the order dated 20.11.2024 passed in Crl.MP.No.33786 of 2024 in CC.No.1170 of 2024 pending on the file of the learned Metropolitan Magistrate for exclusive Trial of CCB Cases and CBCID Metro Cases, Egmore, Chennai-8.

For Petitioner : Mr.Ramesh Kumar G.Chopda For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side) For R2 : Mr.F.Willington

O R D E R

This Criminal Revision Case has been preferred against the order dated 20.11.2024 passed in Crl.MP.No.33786 of 2024 in CC.No.1170 of 2024 on the file of the learned Metropolitan Magistrate for exclusive Trial of CCB Cases and CBCID Metro Cases, Egmore, Chennai-8, thereby discharging the second respondent / A2 from the charges involved in the aforesaid case. 2.

Heard, the learned counsel appearing for the petitioner & the second respondent, and the learned Government Advocate(crl.side) appearing for the first respondent and perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that the second respondent/A2 is facing charges for the offences punishble under Sections 406, 420, 506(i) of IPC r/w Section 34 of IPC. Pending the process of framing of charges, the second respondent filed the aforementioned petition to discharge her. However, without notice to the defacto complainant/the petitioner herein, the trial court discharged her from all the charges. Therefore, this Court is inclined to set aside the impugned order.

4.

Accordingly, the impugned order dated 20.11.2024 passed in

Crl.MP.No.33786 of 2024 in CC.No.1170 of 2024 on the file of the learned Metropolitan Magistrate for exclusive Trial of CCB Cases and CBCID Metro Cases, Egmore, Chennai-8, is set aside and the matter is remanded back to the trial court for fresh disposal. The trial court is directed to issue notice to the defacto complainant i.e. the petitioner herein and dispose of the discharge petition after giving opportunity of hearing to the petitioner herein on merits and in accordance with law, within a period of eight weeks from the date of issuance of notice to the defacto complainant.

5.

With the above direction, this criminal revision case stands allowed.

22.07.2025 Index : Yes/No (2/2) : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Metropolitan Magistrate for exclusive Trial of CCB Cases and CBCID Metro Cases, Egmore, Chennai-8.

2.The Inspector of Police, Central Crime Branch, Vepery, Chennai-7 3.The Public Prosecutor, High Court, Madras.

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