Robin Madavana Rappai v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.Nos.17659 & 17663 of 2024 Robin Madavana Rappai ... Petitioner Vs.

1. The Inspector of Police, E2, Royapettah Police Station, Chennai.

2. Mark Chang Assistant Regional Security Officer-Investigator, U.S Consulate General, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in C.C.No.9673 of 2021 on the file of the Chief Metropolitan Magistrate for exclusive trial of CCB cases and CBCID Metro Cases, Egmore, Chennai and quash the same. For Petitioner : Mr.P.Sam Japa Singh For R1 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.9673 of 2021 on the file of the Chief Metropolitan Magistrate for exclusive trial of CCB cases and CBCID Metro Cases, Egmore, Chennai and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent/police and perused the materials available on record.

3. Learned counsel for the petitioner submitted that one Sunil Kumar only committed the offence, whereas, case was registered as against the petitioner at Ernakulam, Town Police, Kerala. After filing of charge sheet, trial has also commenced before the Additional Chief Judicial Magistrate Court, in Kerala. For the same offence, yet another complaint was also registered against the petitioner. Hence the petitioner prayed to quash the C.C.No.9673 of 2021 on the file of the Chief Metropolitan Magistrate for exclusive trial of CCB Cases and

CBCID Metro Cases, Egmore, Chennai.

4. Learned Additional Public Prosecutor appearing for the respondent police submitted that since the petitioner has filed the fraudulent documents before the United State Consulate, in support of his visa application, a case was registered as against the petitioner in Crime No.2696 of 2015 for the offence under Sections 465, 468, 474, 420 read with 511 of IPC. All the witnesses have spoken about the involvement of the petitioner in the said offence. Hence, he prayed for dismissal of this petition.

5. Admittedly, prima facie allegations are made out as against the petitioner for filing the charge sheet. Further, grounds which have taken by the petitioner are matter for trial. Hence, this Court is not inclined to allow this petition.

6. In view of the same, this Criminal Original Petition is

dismissed. Consequently, connected miscellaneous petitions are closed. However, the petitioner is at liberty to take all his defence before the trial court.

11.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, E2, Royapettah Police Station, Chennai.

2. The Public Prosecutor, High Court, Chennai.

3. The Chief Metropolitan Magistrate for exclusive trial of CCB cases and CBCID Metro Cases, Egmore, Chennai

P.VELMURUGAN, J.

mfa and Crl.M.P.Nos.17659 & 17663 of 2024 11.12.2024