Vishal D Bothra Vs The State Rep By Its

2 . Vivek Ramsisaria Managing Director, M/s.Virgo Polymer (India) Ltd., No.1, Sundaram Illam, Door No.9, 2nd Floor, Chellammal Street, Shenoy Nagar, Chennai – 600 030. ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to the charge sheet in C.C.No.2084 of 2024 together with order framing charge dated 27.11.2024 on the file of the 11th Metropolitan Magistrate, Saidapet, Chennai and thereby quash the same.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.32283 of 2025

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For Petitioners : Mr.S.Senthilnathan For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor

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O R D E R

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The present Criminal Original Petition has been filed seeking to

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quash the proceedings pending against the petitioners/A1 and A2 in C.C.No.2084 of 2024, on the file of the learned 11 th Metropolitan Magistrate, Saidapet, Chennai.

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Learned counsel appearing for the petitioners submitted that

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based on the complaint given by the de facto complainant/second respondent, a case in Crime No.8 of 2022 was registered for the offences under Sections 408, 420, 467, 468, 471 and 109 of IPC. After completion of investigation, the case was taken cognizance on the file of the learned 11 th Metropolitan Magistrate, Saidapet, Chennai, C.C.No.2084 of 2024. He further submitted that a case of civil nature has been given a criminal colour and that the ingredients of the offences as stated in the First Information Report have not been made out against the petitioners. He also submitted that the trial Court, without applying its mind, has framed charges. Hence, he prayed to quash the proceedings against the petitioners.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.32283 of 2025

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3 . Learned Additional Public Prosecutor submitted that the trial

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in C.C.No.2084 of 2024 has already commenced and twenty out of sixty one witnesses have been examined.

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4 . Now that the trial has already begun and considering that the

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calendar case is of the year 2022, this Court is not inclined to interfere with the trial proceedings at this stage and hence, finds no merit in this petition.

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