Madras High CourtCRL RC/871/2021disposed of

Manoj Paul v. The State Rep By

2024-04-24Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Manoj Paul ... Petitioner -Vs1.State rep. by Inspector of Police, CCB, Team 1, Chennai.

2.Rinesh Kumar 3.Pavas Verma 4.N.Nirmal Devi ... Respondents Prayer: Criminal Revision Case filed under Section 397 and 401 of Code of Criminal Procedure, praying to call for the records in Crl.M.P.No.11944 of 2020 on the file of the Court of CCB & CB-CID Metropolitan Magistrate, Egmore, Chennai - 8 in X Crime No.142 of 2018 on the file of CCB, Team I, Vepery, Chennai - 7 and to set aside the order dated 26.04.2021 and pass suitable directions for further investigation by a higher police officer not below the rank of Assistant Commissioner of Police, attached to CB-CID.

For Petitioner : Mr.C.Arun Kumar Page No.1 of 4

For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) [R1] *****

ORDER

This Criminal Revision Case has been filed by the petitioner seeking to set aside the order passed in Crl.M.P.No.11944 of 2020 in XCr.No.142 of 2018 dated 26.04.2021 on the file of CCB & CBCID Metropolitan Magistrate, Egmore, Chennai.

2. The case of the petitioner is that, he has filed a protest petition u/s 173(2)(ii) and 173(8) of Cr.P.C. in Crl.M.P.No.11944 of 2020 before the Metropolitan Magistrate, Egmore, Chennai and the same was dismissed by the trial court vide impugned order dated 26.04.2021 holding that the there is no illegality in the findings of the investigating officer and accepted the final report. Aggrieved by the same, the present revision has been filed by the petitioner.

3. Though very many grounds have been raised by the petitioner against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted Page No.2 of 4

that, this Court, without going into the merits of the case may grant liberty to the petitioner to file a private complaint u/s 200 of Cr.P.C. before the concerned court in the manner known to law.

4. In view of the above, this Criminal Revision Case is disposed of with the above liberty.

24.04.2024 Index : Yes/No Speaking order / Non-speaking order NCC : Yes/No sp To 1.The CCB & CBCID Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, CCB, Team 1, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai.

Page No.3 of 4

M.DHANDAPANI, J.

sp 24.04.2024 Page No.4 of 4