Madras High CourtCRL OP/800/2015disposed of

G.Ragesh Chandra v. The Superintendent Of Police

2015-09-03Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.OP No.800 of 2015 G.Ragesh Chandra ... Petitioner/6th Accused.

Vs The Superintendent of Police, Central Bureau of Investigation, ACB, Chennai.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the respondent in FIR in RC MA I 2014 A0025 dated 19.06.2014 and to quash the same in so far as the petitioner is concerned.

For Petitioner :Mr.AR.L.Sundaresan,Sr.counsel for Mr.Isaac Mohalal For Respondent :Mr.K.Srinivasan, Special Public Prosecutor,CBI

ORDER

This Criminal Original Petition has been filed under section 482 of the Code of Criminal Procedure, 1973, praying to quash the first information report registered in Crime No.RC MA1 2014 A0025 pending on the file of the respondent.

2.It is averred in the petition that the petitioner has been shown as sixth accused in Crime No. RC MA1 2014 A0025. Further it is stated in the petition that the respondent has un-necessarily impleaded the petitioner even without having any incriminating materials. Under the said circumstances, the present petition has been filed for getting the relief sought for therein.

3. The learned Senior counsel appearing for the petitioner has reiterated the averments made in the petition.

4. The learned Special Public Prosecutor appearing for the respondent has contended that in Crime No. RC MA1 2014 A0025, most of the prosecution witnesses have been examined and the matter is pending for getting sanction. Under the said circumstances, the relief sought for in the present petition cannot be granted. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the rival submissions made on either side, this Court is of the view that the relief sought for in the petition cannot be granted mainly since the investigation relating to Crime No. RC MA1 2014 A0025 has reached finality and the matter is pending for sanction. Therefore, this criminal original petition is liable to be dismissed.

In fine, this criminal original petition is dismissed. However, the petitioner is at liberty to file similar petition for quashing final report.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Central Bureau of Investigation, ACB, Chennai.

2 The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.M.Govindaraj, Advocate SR 47840 ala(co) prk16/9 Crl.OP No.800 of 2015 https://hcservices.ecourts.gov.in/hcservices/