← Library
Madras High CourtCRL OP/26614/2025dismissed

Uma @ Umagarghi v. The State Rep By, The Inspector Of Police,

2025-09-26Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 26614 of 2025 & Crl.M.P.Nos.18054 & 18056 of 2025

1. Uma @ Umagarghi W/o.Karthikeyan, No.19, Siva Garden, Singanallur, Coimbatore South, Coimbatore-641 005.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-600 007.

2.A.Razak Basha S/o.Akbar Basha, No.27, Kony Johnkhan, North Lane, Royapettah, Chennai-600 014.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to call for the records in CC NO.2158/2024 pending on the file of the Additional Chief

Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner(s):

R.C.Paul Kanagaraj For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side] - R1

ORDER

The petitioner seeks to quash the final report filed in C.C.No.2158 of 2024 pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai for the offences under sections 153, 505[1][b], 505 [2] of IPC and Section 67 of Information Technology Act, 2000 in the present Criminal Original Petition.

2. It is the contention of the learned counsel appearing for the petitioner that there is no case made out from the materials collected by the prosecution as against the petitioner. Hence, seeks to quash the finalreport.

3. The very submissions of the learned counsel appearing for the petitioner indicate P.W.1 and P.W.2 have been examined and Ex.A.1 to A.3 have

been marked through P.W.1 in this case. As the substantive evidence had already come on record and documents have also been filed by P.W.1., at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction under Section 528 BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited v. Anu Mehta and others reported in (2015) 1 SCC 103.

Though on the face of evidence of P.W.1, she has not attributed any overt act against the petitioner, it is for the trial Court to take note of it and proceed as per law. Hence, this Court is not inclined to quash the proceedings.

Accordingly, this Criminal Original Petition is dismissed. However, the trial Court shall complete the trial and dispose of the case in C.C.No.2158 of 2024 within a period of two months from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petitions are closed. 26-09-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The Additional Chief Metropolitan Magistrare, Egmore, Chennai.

2. The Inspector of Police, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-600 007.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 26-09-2025