Madras High CourtCRL OP/28083/2017allowed

A.Santhanakrishnan, 42 Yrs, v. Additional Deputy Commissioner

2017-12-21Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos. 28083 and 3842 of 2017 and Crl.MP.Nos.15983,15984, 2811 & 2812 of 2017 1.A.Santhanakrishnan 2.R.Hebert Inbaraj 3.A.Valli ..Petitioners in CrlOP. No.28083/2017 Accused 2 to 4 1.J.M.John Paul ..Petitioner in CrlOP. No.3842 / 2017 1st Accused Vs 1.The Additional Deputy Commissioner of Police, Central Crime Branch No.I, Vepery, Cehnnai-600007.

2. HDFC Bank Limited, rep. By its Authorised Signatory, No.110, Nelson Manikam Road, Amithakarai, Chennai-600029.

..Respondents in both Crl.OPs Prayer in both Crl.OPs: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No. 1424 of 2008 pending on the file of learned Metropolitan Magistrate/Fast Track Court for CCB and CBCID Cases and quash the same. For Petitioners : Mr.B.Kumarasamy (in both Crl.OPs) For Respondents : Mr. C. Iyyappa Raj, APP -For R1 (in both Crl.OPs) : M/s.AAV Partners - For R2 COMMON ORDER The prayer sought for in these present petitions is to call for the records in C.C. No. 1424 of 2008 pending on the file of the learned Metropolitan Magistrate/Fast Track Court for CCB and CBCID Cases and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant in both petitions have amicably resolved the dispute https://hcservices.ecourts.gov.in/hcservices/

among themselves.

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the petitioners and the de-facto complainant, they have submitted the photo copies of their Identity Cards viz.,

1. A.Santhanakrishnan - 592935919523 (Aadhar Card), 2. R.Hebert Inbaraj - 253620079721 (Aadhar Card), 3. J.M. John Paul - F/TN/069/002794/1999 (Driving Licence) and 4. J.Francisrozario Arunraj - F0384(Identity Card issued by the HDFC Bank) and after verification of the original, the same are recorded.

4. Today, the Affidavits dated 20.12.2017 were also filed by the 2nd respondent/defacto complainant to the effect that he has no objection to quash the proceedings in C.C. No. 1424 of 2008 pending on the file learned Metropolitan Magistrate/Fast Track Court for CCB and CBCID Cases.

5. Recording the same, the proceedings in C.C. No. 1424 of 2008 pending on the file learned Metropolitan Magistrate/Fast Track Court for CCB and CBCID Cases is quahsed. The Criminal Original Petitions are allowed. Consequently, the connected Miscellaneous Petitions are also closed.

6. Affidavits filed by the 2nd respondent/defacto complainant dated 20.12.2017 shall form part of the order. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ak To

1. The Chief Metropolitan Magistrate, Fat Track Court for CCB & CBCID Cases, Chennai.

2. The Additional Deputy Commissioner of Police, Central Crime Branch No.I, Vepery, Cehnnai-600007.

3. The Public Prosecutor High Court, Madras.

Crl.O.P.Nos. 28083 & 3842 of 2017 SAI(CO) RRK(19/01/2018) https://hcservices.ecourts.gov.in/hcservices/