Madras High CourtCRL OP/16262/2018dismissed

Sakthi Cadd v. Veerapathiran

2018-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 17.07.2018 PRONOUNCED ON: 11.08.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.16262 of 2018 Sakthi CADD Petitioner vs.

Veerapathiran P. Kumar K. Sabarinathan Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to set aside the order of returning the petitioner's complaint dated 13.06.2018 passed by the IX Metropolitan Magistrate Court, Saidapet, Chennai 600 015. For petitioner Mr. A. Mohan

ORDER

This Criminal Original Petition has been filed seeking to set aside the order of returning the petitioner's complaint dated 13.06.2018 passed by the IX Metropolitan Magistrate Court, Saidapet, Chennai 600 015.

In D. Ramesh vs. V. Vijayakumar and another (Crl.R.C. Nos.271 and 541 of 2017), a learned Single Judge of this Court, vide order dated 31.07.2018, has held that a direction can be issued by the Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID (Metro) Cases, Allikulam, Chennai, under Section 156(3) Cr.P.C., to the Assistant Commissioner of Police, Central Crime Branch. This Court is in agreement with the law laid down in the said judgment.

In such perspective of the matter, this impugned order dated 13.06.2018 passed by the IX Metropolitan Magistrate, Saidapet, Chennai, does not suffer from any infirmity warranting quashment of the same.

Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to follow the procedure set out by this Court in Sugesan Transport Pvt. Ltd., Vs. The Assistant Commissioner of Police, J2, Adyar Police Station, Adyar, Chennai-600 020 and another [2016 (5) CTC 577 : 2016-2-LW (Crl.) 499] and thereafter, approach the Metropolitan https://hcservices.ecourts.gov.in/hcservices/

Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID (Metro) Cases, Allikulam, Chennai, under Section 156(3) Cr.P.C., if so advised.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar cad To The IX Metropolitan Magistrate Saidapet, Chennai 600 015 The Public Prosecutor High Court of Madras Chennai 600 104 sm:27.8.2018 Crl.O.P. No.16262 of 2018 3/3 https://hcservices.ecourts.gov.in/hcservices/