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Madras High CourtCRL RC/808/2025dismissed

A.Raja v. The State Rep. By The Sub-Inspector Of Police,

2025-06-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.11369 & 11442 of 2025 A.Raja ....

Petitioner Vs The State Rep. by the Sub-Inspector of Police, Central Crime Branch, Team 17 A, Vepery, Chennai - 600 007.

....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C.No.5732 of 2023 on the file of the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID cases, Egmore, Chennai, by setting aside the order passed in Crl.MP.No.37353 of 2023 dated 21.12.2024 by the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID cases, Egmore, Chennai.

For Petitioner : Mr.J.Kingsly Solomon For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been filed challenging the order dated 21.12.2024 passed in Crl.M.P.No.37353 of 2023 by the Metropolitan Magistrate for exclusive Trial of CCB and CBCID Cases, Egmore, Chennai, thereby dismissing the discharge petition filed by the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. There are totally 14 accused, in which the petitioner has been arrayed A6. All the accused have been charged for the offence punishable under Sections 120(b), 467, 468, 471 and 420 of IPC. Insofar as the petitioner is concerned, there are specific allegations levelled against him. He is a land broker and A1 to A5 conspired with other accused persons executed a Power of Attorney in favour of the petitioner in respect of the property comprised in Survey No.143/2, measuring an extent of 32 cents. Thereafter, the petitioner and others sold out the part of the land and executed a sale deed dated 16.06.2000 in favour of A7, which was registered vide Document No.1595 of 2000.

4. A perusal of the statement recorded under Section 161 of

Cr.P.C also reveals that there is a specific overt act as against the petitioner to attract the offences punishable under Sections 120(b), 467, 468, 471 and 420 of IPC. Therefore, the Trial Court rightly dismissed the application seeking discharge of the petitioner from the said charges.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 21.12.2024 passed in Crl.M.P.No.37353 of 2023 by the Metropolitan Magistrate for exclusive Trial of CCB and CBCID Cases, Egmore, Chennai. However, the personal appearance of the petitioner before the Trial Court is dispensed with and he shall be permitted to be represented by a counsel after filing appropriate application. The petitioner shall be present before the Court at the time of furnishing copies, framing of charges, questioning under Section 351 of BNSS and at the time of passing judgment.

6. In the result, this Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petitions are closed. 19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Metropolitan Magistrate for exclusive Trial of CCB and CBCID Cases, Egmore, Chennai

2. Sub-Inspector of Police, Central Crime Branch, Team 17 A, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

19.06.2025