Idea Forge Technology Limited v. The State Of Tamil Nadu,
2023:MHC:5255
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28-11-2023
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. OP No.22675 of 2023 And Crl.MP No.15843 of 2023 Ideaforge Technology Limited, Through Naveen Fernandes, 42 years, (Authorised Representative), EL-146, TTC Industrial Area, Electronic Zone, MIDC-Mahape, Navi Mumbai-400 710.
... Petitioner/Accused Vs.
The State of Tamil Nadu, Inspector of Police, Team C, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-7.
... R-1/Complainant Shyamkumar S, Authorised Representative, M/s.Garuda Aerospace Pvt Ltd., Office at No.24/46, K.B.Dasan Road, Alwarpet, Chennai-600 018.
... R-2/Defacto Complainant
Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.235 of 2023 dated 31.08.2023 under Section 43f read with Section 66 of IT Act, 2000 on the file of Inspector of Police, Cyber Crime Police Station pending before Additional Chief Metropolitan Magistrate, Egmore and to quash the same. For Petitioner : Mr.Kumarpal R.Chopra For Respondent-1 : Mr.R.Muniyapparaj, Additional Public Prosecutor.
O R D E R
The present Criminal Original Petition has been filed to quash the investigation pending in Crime No.235 of 2023 dated 31.08.2023 on the ground that the civil transaction been given a criminal colour for quick remedy and there is an inordinate unexplained delay in filing the complaint.
2. The learned Additional Public Prosecutor, appearing on behalf of the first respondent, submits that on investigation, the Investigation Officer (IO) has found cognizable offence prima facie made out. Therefore, the Final Report filed before the II Additional Metropolitan Magistrate Court at Egmore and the same has been taken on file in CC No.6907 of 2023. The
said case is posted for further hearing on 28.12.2023.
3. In view of the above facts, this Court is of the view that nothing further survives in the present Criminal Original Petition to quash the FIR, since the investigation completed and ready to file Final Report. If the petitioner, anyway aggrieved, can challenge the Final Report in the manner known to law, if he is otherwise so advised.
4. With the above observations, the present Criminal Original Petition stands disposed of. Consequently, the connected Criminal Miscellaneous Petition is closed.
28-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
DR.G.JAYACHANDRAN, J.
Svn To 1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai-600 008.
2.The Inspector of Police, Team C, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-7.
3.The Public Prosecutor, High Court of Madras, Chennai.
Crl. OP 22675 of 2023 28-11-2023