Madras High CourtCRL OP/29659/2018disposed of

K.Pichai v. State Rep.By

2018-12-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.29659 of 2018 and Crl.MP.Nos.17414 and 17415 of 2018 K.Pichai ... Petitioner/Accused Vs.

1. State Rep by.

The Inspector of Police, Central Crime Branch, Team - III, EDF-II, Chennai - 600 007.

2. Mohanchand ... Respondents/Complainant/ De-facto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the record in C.C.No.4734 of 2017 on the file of the Metropolitan Magistrate for CCB and CBCID at Egmore, Chennai and quash the same. For Petitioner : Mr.T.Anand For Respondents: Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to quash the C.C.No.4734 of 2017 on the file of the Metropolitan Magistrate for CCB and CBCID at Egmore, Chennai

2. This petitioner is a sole accused in the final report, which has been filed against the petitioner for the offence under Section 420 I.P.C.

3. The learned counsel for the petitioner has raised several factual issues before this Court and contended that this petitioner has been falsely implicated in this case and all the https://hcservices.ecourts.gov.in/hcservices/

issues that have been raised by the learned counsel for the petitioner cannot be gone into by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is open to the petitioner to raise all these grounds before the Court below in the course of the proceedings and the Court below shall consider the same on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings at this stage, since there are prima facie materials against the petitioner.

4. In the result, this Criminal Original petition is disposed of with the direction to the Court below to complete the proceedings within a period of three months from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petition is closed.

vv Sd/- Assistant Registrar(C.O) //True Copy// Sub Assistant Registrar To

1. The Metropolitan Magistrate, For CCB AND CB CID., Egmore, Chennai.

2. The Inspector of Police, Central Crime Branch, Team - III, EDF-II, Chennai - 600 007.

3. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.T.Anand, Advocate, S.R.No.88860 Crl.O.P.No.29659 of 2018 and Crl.M.P.Nos.17414 and 17415 of 2018 gj(co) kak(10/01/2019) https://hcservices.ecourts.gov.in/hcservices/