Mangilal v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18746 of 2025 and Crl.M.P.Nos.12543 & 12544 of 2025 Mangilal ... Petitioner Vs.

1. The State represented by, The Inspector of Police, K-1, Sembiyam Police Station,

2. V.Narayanasamy ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records pertaining to CC No.16214 of 2022 on the file of the V Metropolitan Magistrate Court, Egmore, Chennai and to quash the same.

For Petitioner : Mr.N.Felina Jacgulin For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to CC No.16214 of 2022 on the file of the V Metropolitan Magistrate Court, Egmore, Chennai and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. Since no adverse order is being passed against the private respondent, notice to the private respondent is dispensed with.

4. Based on the complaint made by the second respondent/ de-facto complainant, the first respondent-Police registered a case against the accused persons for the offence under Section 392 of IPC and the same was taken on file in C.C.No.16214 of 2022 on the file of the Metropolitan Magistrate No.V Court, Egmore, Chennai. The petitioner herein was arrayed as second accused in the said case. The petitioner

who is running Pawn Shop is the purchaser of the stolen property. On a perusal of the records, the complaint and statement of witnesses, it is seen that there are prima facie materials available against the petitioner to proceed the case further. The grounds taken by the petitioner to quash the case is nothing but defence and the same can be agitated only during the course of trial before the Trial Court. This is not a fit case for quashing the CC and hence this Court is not inclined to quash the case in CC No.16214 of 2022 on the file of the V Metropolitan Magistrate Court, Egmore, Chennai.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. The petitioner is at liberty to raise all his defence before the Trial Court in the pending CC.

03.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The V Metropolitan Magistrate Court, Egmore, Chennai.

2. The Inspector of Police, K-1, Sembiyam Police Station.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18746 of 2025 and Crl.M.P.Nos.12543 & 12544 of 2025 03.07.2025