Madras High CourtCRL OP/1796/2016dismissed

D.Krishnamoorthy v. The Inspector Of Police

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1796 of 2016 and Crl.M.P.No.884 of 2016 D.Krishnamoorthy ... Petitioner Vs 1.The Inspector of Police, Central Crime Branch, XVI Wing, Egmore, Chennai-8.

...1st Respondent/ Complainant 2.Madhavan ...2nd Respondent/ Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.63 of 2009 dated 14.2.2009 on the file of the Central Crime Branch, XVI Wing, Egmore, Chennai-8 and quash the same. For Petitioner :

Mr.S.Ganesh Kumar For respondents :

Mr.C.Emalias, Addl.Public Prosecutor, for R.1

ORDER

The present criminal original petition has been filed to call for the records in Crime No.63 of 2009 dated 14.2.2009 pending on the file of the Central Crime Branch, XVI Wing, Egmore, Chennai-8 and quash the same.

2. In view of the limited order going to be passed hereunder, this Court is of the opinion that there is no need to issue notice to the second respondent.

3. The case in Crime No.63 of 2009 has been registered against the petitioner and one Suryaprakash based on the complaint given by the second respondent herein for the alleged offence punishable under Sections 419, 420, 468, 471 and 448 read with 120-B I.P.C. To quash the same, the present criminal original petition has been filed.

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4. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that on completion of investigation, charge sheet was filed in Crime No.63 of 2009 before the Special Metropolitan Magistrate Court, (Land Grabbing Cases-I), Periyamedu, Chennai.

5. Since already investigation was completed and charge sheet was filed in Crime No.63 of 2009, I am of the opinion, this Court cannot entertain the prayer at this stage.

6. In view of the submission made by the learned Public Prosecutor that on completion of investigation, charge sheet was filed in Crime No.63 of 2009 before the Special Metropolitan Magistrate Court, (Land Grabbing Cases-I), Periyamedu, Chennai, the criminal original petition is dismissed.

Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sbi To 1.The Inspector of Police, Central Crime Branch, XVI Wing, Egmore, Chennai-8.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S. Ganeshkumar, Advocate, Sr. 5304 Crl.O.P.No.1796 of 2016 VGI (CO) kk 10/2 https://hcservices.ecourts.gov.in/hcservices/