Madras High CourtCRL OP/23396/2024disposed of

J.H.Najumudeen v. State Rep.By

2024-12-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN J.H.Najumudeen ... Petitioner Vs

1. State represented by The Inspector of Police, Central Crime Branch-I, Vepery, Chennai -7.

2. S.V.Ravi

3. G.Rangasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to set aside the order dated 29.05.2024 passed in Crime No.83 of 2024 by the Metropolitan Magistrate for Exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore. For Petitioner : Mr.E.Hariharan For R1 : Mr.S.Sugendran Additional Public Prosecutor For R2 : Mr.G.Mani Prabhu For R3 : Mr.L.Infant Dinesh

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 29.05.2024 passed in Crime No.83 of 2024 by the Metropolitan Magistrate for Exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent/police and perused the materials available on record.

3. On perusal of the impugned order, it is seen that since there is no material available as against the accused persons/ respondents 1 and 2 herein, the learned Magistrate refused to remand the accused persons and set them free and also ordered them to co-operate for investigation. Challenging the same, the petitioner/defacto complainant has filed this criminal original petition.

4. It is submitted by the learned Additional Public Prosecutor appearing for the respondent/police that investigation has been completed and charge sheet is not yet filed.

5. In view of the above submission, the respondent police is directed to file a charge sheet before the jurisdictional magistrate as early as possible, preferably within a period of two months.

6. With the abovesaid direction, this Criminal Original Petition is disposed of. However, the petitioner is at liberty to workout his remedy in the manner known to law, after filing of the charge sheet. 11.12.2024 mfa Index:Yes/No Speaking Order: Yes/No

1. The Inspector of Police, Central Crime Branch-I, Vepery, Chennai -7.

2. The Public Prosecutor, High Court, Chennai.

3. The Metropolitan Magistrate for Exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore.

P.VELMURUGAN, J.

mfa 11.12.2024