Sororngom Lungleng @ Sororngam Lungleng v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.16882 of 2024 Sororngom Lungleng @ Sororngam Lungleng ... Petitioner Vs.

State Rep.by The Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai - 34, Crime No.117 of 2021.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in C.C.No.128 of 2022 now pending on the file of the learned XIV Metropolitan Magistrate at Egmore, Chennai and quash the same.

For Petitioner : Mr.A.Praveen Alexander For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition is filed to quash the charge-sheet in C.C.No.128 of 2022, now pending on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai.

2. Learned counsel for the petitioner submitted that, initially the petitioner was working along with the de-facto complainant, subsequently, the petitioner left the job and started his own business. In the meanwhile, the business of the de-facto complainant started deteriorating and as such, they wanted the petitioner to re-join in the same company. The petitioner did not show any interest to rejoin. Therefore, the de-facto complainant has lodged a false complaint as against the petitioner and the respondent-Police registered a case in Crime No.117 of 2021 for the offence under Section 381 IPC and also filed charge sheet in C.C.No.128 of 2022 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai. He further submitted that, since no case is made out for the offence under Section 381 IPC, he prays to quash the charge-sheet itself.

2/5

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

4. On a perusal of the records, it is seen that prima-facie, there are allegations made out against the petitioner, and the statement recorded from the list of witnesses shows that they have spoken about the involvement of the petitioner and it is also seen that the properties of the petitioner were also recovered. Further, the grounds taken by the petitioner are all matters for trial. Therefore, this Court is not inclined to quash the charge-sheet by invoking Section 528 BNSS of 2023 and hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to take all his defences before the trial Court during trial. 02.12.2024 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The XIV Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai - 34.

3. The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 02.12.2024 5/5