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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18402 of 2025 and Crl.M.P.Nos.12201 and 12203 of 2025 Mangilal ... Petitioner Vs.

1. The State Rep. by its The Inspector of Police K1-Sembiyam Police Station (Crime No.1263 of 2021)

2. Sankareswari ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the records pertaining to C.C.No.16211 of 2022 on the file of the V th Metropolitan Magistrate Court, Egmore, Chennai and quash the same. For Petitioner : M/s.N.Felina Jacgulin For First Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioner/accused to quash the case in C.C.No.16211 of 2022 on the file of the V th Metropolitan Magistrate Court, Egmore, Chennai.

2. The learned counsel for the petitioner submitted that based on the complaint lodged by the defacto complainant/second respondent alleging that on 19.10.2021 at about 8 p.m., when the defacto complainant along with her two children was returning from the Palani Aandavar temple, an unknown person snatched her Thali chain weighing 6 sovereigns, the respondent police registered the FIR in Crime No.1263 of 2021 against unknown person for the offence under Section 392 IPC. Subsequently, the respondent police implicated the petitioner's name as A2 and filed the charge sheet and the same was taken on file in C.C.No.16211 of 2022 on the file of the V th Metropolitan Magistrate Court, Egmore, Chennai. Pending case, the petitioner has filed the present petition seeking to quash the case in C.C.No.16211 of 2022. 2/6

3. The contention of the petitioner is that the petitioner is running a Pawn Broker shop and he is no way connected with the alleged offence. Further, the respondents have not recovered any such jewellery from the petitioner's shop and that no evidence has been submitted against the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for first respondent police submitted that out of seven witnesses, 3 witnesses have been examined so far and that the trial is in progress.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

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

7. It is seen that the trial is in progress. Further, this Court is not satisfied with the grounds taken by the petitioner for quashing the case in C.C.No.16211 of 2022.

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8. Therefore, this Criminal Original Petition is dismissed at the admission stage itself. Consequently, the connected Miscellaneous Petitions are closed.

9. The petitioner is directed to co-operate for speedy trial. 01.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To 1.The Vth Metropolitan Magistrate Court, Egmore, Chennai.

2. The Inspector of Police K1-Sembiyam Police Station 3.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

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