Madras High CourtCRL OP/23817/2024disposed of

H.Navya v. State Rep.By

2024-10-19Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.10.2024 CORAM : MR. JUSTICE N.SESHASAYEE H.Navya ... Petitioner Vs.

State Rep. by the Inspector of Police Deputy Superintendent of Police SPE/CBI/ACB Sasthri Bhavan, Nungambakkam Chennai 600 006 (R.C.No.45(A) /2015) ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS Act, 2023, to set aside the order dated 21.06.2024 made in Crl.M.P.No.4013 of 2023 in C.C.No.9 of 2017, on the file of the learned XI Additional Special Judge for C.B.I. Cases (C.B.I. Cases relating to Banks and Financial Institutions) Chennai and consequently direct the trial Court to issue summon to the Branch Manager of Oriental Bank of Commerce, Adyar Branch, Chennai to cause production of the original documents as prayed. For Petitioner : Mr.S.Anbalagan For Respondent : Mr.K.Srinivasan Special Public Prosecutor (C.B.I.) 1/4

ORDER

This petition is preferred challenging an order passed by the XI Additional Special Judge for C.B.I. Cases (C.B.I. Cases relating to Banks and Financial Institutions), Chennai, dismissing petitioner's application in Crl.M.P.No.4013 of 2023 filed U/s.91 Cr.P.C. for summoning certain documents. 2.Mr.K.Srinivasan, the learned Special Public Prosecutor (C.B.I) has entered appearance for the respondent. Heard both Sides. 3.The learned prosecutor submitted that P.W.1 alone has been examined, and it is a too premature stage to ascertain whether the documents which are required by the petitioner must be considered as necessary and desirable within the meaning of Section 91 Cr.P.C.

4.This Court finds merit in the statement and hence it chooses not to entertain this petition now, but reserving right to the petitioner to approach the trial Court at the appropriate stage of the trial with his prayer for summoning such documents which he considers as necessary and desirable 2/4

to defend the charge against her.

5.Subject to the observation herein made, the above Criminal Original Petition stands disposed of.

19.10.2024 kas Index : Yes / No To 1.The Inspector of Police Deputy Superintendent of Police SPE/CBI/ACB Sasthri Bhavan, Nungambakkam Chennai 600 006 (R.C.No.45(A) /2015)

2. XI Additional Special Judge for C.B.I. Cases (C.B.I. Cases relating to Banks and Financial Institutions) Chennai 3.The Public Prosecutor C.B.I. Cases High Court of Madras Chennai N.SESHASAYEE, J.

3/4

kas 19.10.2024 4/4