Shahbaz Ansari v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Shahbaz Ansari S/o. Sultan Ansari, Village, Bihajori, P.S.Narayanpur Jamtara, Jharkhand State.

2. Iqbal Ansari S/O Sultan Ansari, Village, Bihajori, P.S.Narayanpur Jamtara, Jharkhand State.

3. Samshad Anasari S/O Sultan Ansari, Village, Bihajori, P.S.Narayanpur Jamtara, Jharkhand State.

Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Cyber Crime Cell, Team - C, CCB, Vepery, Chennai.

Crime No.108 of 2022.

Respondent(s) PRAYER Criminal Revision is filed under Section 438 read with 442 of BNSS to set aside the order of dismissal for default in Crl.M.P.No.19617 of 2024 in CC No.2151/2024 which is on the file of XI Metropolitan Magistrate Court at Saidapet, Chennai.

For Petitioner(s):

L Infant Dinesh For Respondent(s):

Dr.C.E.Pratap

Government Advocate (Crl.Side)

ORDER

The revision challenges the dismissal of the discharge petition filed by the petitioner, who has been charged for offence under Sections 419, 420 of IPC and Section 66D of Information Technology (Amendment) Act, 2008. 2.

The petitioners moved the petition for discharge and the same was dismissed by the impugned order since the petitioners did not appear when the case was called and a Non-Bailable Warrant was pending against the petitioners. 3.

The learned counsel for the petitioners would submit that the petitioners have subsequently recalled the NBW and the charges have not been framed so far and their petition may be heard on merits. 4.

The learned Government Advocate (Crl.Side) confirms the fact that the charges have not been framed so far.

5.

Considering the above facts, though the order of the learned Judge cannot be faulted as the petitioners did not appear during the hearing, this Court is inclined to grant one more opportunity to the petitioners to place their facts. Hence, the learned Magistrate may hear the petition on merits and dispose of it within a period of four weeks from the date of receipt of a copy of this order.

6.

With the above observations, the impugned order is set aside and the criminal revision is disposed of.

16-12-2025 dpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The XI Metropolitan Magistrate Court at Saidapet, Chennai.

2. The Inspector of Police Cyber Crime Cell, Team - C, CCB, Vepery, Chennai.

SUNDER MOHAN J.

dpa CRL RC No. 2743 of 16-12-2025