C.Divakar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.28646 of 2024 and Crl.M.P.Nos.15950 and 15951 of 2024 1.C.Divakar

2. C.Divya ... Petitioners Vs.

State Represented by Inspector of Police Central Crime Branch ALGSC-I, Team-XVII Vepery, Chennai - 600 007 Crime No.94 of 2023 S.Ramadevi ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in C.C.No.2352 of 2024 on the file of Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai for offences under Sections 465, 467, 468, 471 read with 34 of IPC and to quash the same. 1/5

For Petitioners : Mr.M.Ravishankar for Mr.K.M.Mrithunjayan For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor For 2 nd Respondent : Notice Served. No Appearance

ORDER

This Criminal Original Petition has been filed by the petitioners to quash the case in C.C.No.2352 of 2024 on the file of Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai for offences under Sections 465, 467, 468, 471 read with 34 of IPC.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 1 st respondent and perused the materials available on record.

3. It is seen that the petitioners are arrayed as A3 and A4 in C.C.No.2352 of 2024. A reading of the FIR, final report of the Investigating Officer and the statements recorded from the witnesses especially L.W.1 to L.W.3 shows prima 2/5

facie to proceed the case as against the petitioners also. Further, the grounds taken by the petitioners are in the nature of defence which can be decided only after trial and not at this stage. Therefore, there is no ground to quash the C.C. as against the petitioners.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.

5. However, the petitioners are at liberty to take all their defence during trial before the trial Court.

22.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai

2. Inspector of Police Central Crime Branch ALGSC-I, Team-XVII Vepery, Chennai - 600 007

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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