Madras High CourtCRL OP/19303/2025dismissed

A.Mahaveer v. State Represented By

2025-07-14Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.13224 of 2025

1. A.Mahaveer S/o.Ashok Chand, 9/3, B.N.Reddy Road, North Borg Road, T Nagar, Chennai - 600 017.

Petitioner(s) Vs

1. State Represented by The Inspector of Police, CBCID IPREC-2, Chennai.

Crime No.01 of 2021 2.Novex Communications Private Limited Rep. by its Authorized Representative, S.Swaminathan, 6th Main Road, Eri Scheme, Mogappair, Chennai - 600 037.

Respondent(s) 1/5

PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to call for the records in C.C.No.1667 of 2021 on the file of XI Metropolitan Magistrate Court, Chennai, Saidapet and quash the same.

For Petitioner(s):

M/s.RRN Legal For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Public Prosecutor For R1

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.1667 of 2021 on the file of XI Metropolitan Magistrate Court, Saidapet Chennai, and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence. This petitioner has filed this criminal original petition seeking to quash the C.C.No.1667 of 2021 on two grounds. The first ground is that, it is only an offence of copy right. The other ground is 2/5

that pending case, both the parties have settled the matter. Hence, the petitioner prayed for quashing CC.

4. Admittedly, the second respondent/de-facto complainant filed a petition under Section 156 of the Cr.P.C., against the petitioner in Crl.M.P.No.369 of 2021 on the file of the Chief Metropolitan Magistrate Court, Saidapet, Chennai . Based on the order of the learned Magistrate, the respondent-Police registered a case against the petitioner in Crime No.21 of 2021, for offences under Section 51 and 63 of the Copyright Act. After completion of investigation, charge sheet has been filed before the learned XI Metropolitan Magistrate, Saidapet, Chennai and the same was taken on file in C.C.No.1667 of 2022.

5. Pending CC, since it is a compoundable offence, if the parties are ready to settle the matter, they can very well approach the trial Court for compounding the offence, otherwise the petitioner has to file a discharge petition. No grounds are available for quashing the case. On a perusal of the records, it is seen that Prima facie allegations are available as against the petitioner. This Court does not find any abuse of process of law. Therefore, 3/5

invoking 528 of BNSS is not automatic, but this Court has to sparingly invoke the same. In view of the same, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the petitioner is at liberty to work out his remedy before the trial Court in the manner known to law 14-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The XI Metropolitan Magistrate, Chennai, Saidapet.

2. The Inspector of Police, CBCID IPREC-2, Chennai.

3. The Public Prosecutor, High Court, Chennai.

4/5

P.VELMURUGAN J.

mfa and CRL MP No.13224 of 2025 14-07-2025 5/5