Ashok Agarwal v. The State Rep.By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13326 of 2025 and Crl.M.P.No.8850 of 2025 1.R.Ashok Agarwal 2.A.Anita Agarwal 3.G.Ajay Agarwal 4.P.Viswanathan ... Petitioners Vs.

1.The State represented by The Sub-Inspector of Police, EDF-II, Team-II, Vepery, Chennai -7.

(Crime No.96 of 2016).

2.Narayanan Maheshwari ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C.No.4302 of 2020, on the file of the learned Metropolitan Magistrate, Exclusively for Trial of CCB cases (cheating) cases and CBCID (Metro cases), Egmore, Chennai and quash the same as against the petitioner / accused No.7.

For Petitioners : Mr.K.Elangovan For R1 : Mr.A.Gopinath, Government Advocate (crl.side).

O R D E R

This petition has been filed to quash the proceedings in C.C.No.4302 of 2020, on the file of the learned Metropolitan Magistrate, Exclusively for Trial of CCB cases (cheating) cases and CBCID (Metro cases), Egmore, Chennai.

2. Heard both sides and perused the materials placed before this Court.

3. On perusal of the records, it is seen that the petitioner had earlier filed a petition in Crl.O.P. No. 8055 of 2021 for quashing the very same proceedings in C.C.No.4302 of 2020, which was dismissed by this Court by an order dated 17.10.2023. The present petition has been filed once again seeking the same relief of quashing the proceedings in C.C. No.4302 of 2020. This Court finds that the petitioners have placed neither any new material nor demonstrated any change in circumstances

to justify the maintainability of a second quash petition in respect of the same criminal case. It is well settled that the successive quash petitions, without any fresh ground or changed circumstance, are not maintainable and amount to an abuse of the process of Court.

4. In view of the above, this Court finds no merit in the present petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 29.04.2025 : Yes/No Speaking/non-speaking order shk To

1. The Metropolitan Magistrate, Exclusively for Trial of CCB cases (cheating) cases and CBCID (Metro cases), Egmore, Chennai.

2. The Sub-Inspector of Police, EDF-II, Team-II, Vepery, Chennai -7.

3. Public Prosecutor,Madras High Court.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.13326 of 2025 and Crl.M.P.No.8850 of 2025 29.04.2025