Jitha Maria Fathima v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Jitha Maria Fathima, W/o Christopher, 4/63, 4 th Block, Kaviyarasu Kannadhasan Street, Kodungaiyur, Chennai 60 118 Petitioner Vs The State, represented by its Inspector of Police, CCB, LFIW-I, Gamma-3, Veppery, Chennai (Cr.No.207 of 2011) Respondent PRAYER Petition filed under section 482 of Cr.P.C., to call for the records and set aside the order passed by the Court of learned Metropolitan Magistrate for Exclusive Trial of CCB-CBCID Cases at Egmore, Chennai in Crl.M.P.No.81 of 2025 in C.C.No.5690 of 2023 pending on the file for investigation. For Petitioner(s):

Mr.Elanjchezhien J.

For Respondent(s):

Mr.R.Vinothraja, GA (crl.side)

ORDER

This Petition is filed to call for the records and set aside the order passed by the Court of learned Metropolitan Magistrate for Exclusive Trial of CCBCBCID Cases at Egmore, Chennai in Crl.M.P.No.81 of 2025 in C.C.No.5690 of 2023 pending on the file for investigation.

2. The petitioner/A1 has filed a petition u/s.91 of Cr.P.C., before the trial court in Crl.M.P.No.81 of 2025 seeking original documents of the entire ledger book with respect to Ex.D.1 (Recurring deposit ledger documents containing only 3 pages along with the voter list pertaining to the Perambur Constituency) to support her defence case. The learned trial judge, dismissed the petition holding that the documents sought for in the petition are public documents and without adopting the legal recourse, the petition was filed and allowing of the petition would lead to stalling of case proceedings.

3. Heard both sides and perused the materials available on record.

4. It is seen that there is no details as to the nature of the documents

sought to be summoned. The entire documents sought to be summoned is without indicating the nature of the document as to what way it is relevant to the case. In such a view of the matter, if the petitioner wants to examine any witness in this regard, he can very well summon the same from the concerned department to produce the document and he can take out the summons to examine the witnesses for production of the document and examine them. Mere summoning of production of entire original documents will not be helpful to the case.

5. With the above direction, this Criminal Original Petition is disposed of. msr 22-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, CCB, LFIW-I, Gamma-3, Veppery, Chennai.

2.The Metropolitan Magistrate for Exclusive Trial of CCB-CBCID Cases at Egmore, Chennai.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

msr 22-08-2025