Madras High Court
Mr.Shreyas Sripal vs The State Represented By on 3 August, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.08.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.No.19608 of 2022
Mr.Shreyas Sripal
.. Petitioner
Vs.
1.The State represented by
The Deputy superintendent of Police,
Central Bureau of Investigation,
Bank Securities and Fraud Cell/CNI,
Bangalore. .. 1st
Respondent
Now pending at
2.The State represented by
The Deputy superintendent of Police,
Central Bureau of Investigation,
CBI, EOW, Chennai.
.. 2nd Respondent
PRAYER : Criminal Original Petition has been filed under section 482 of
Criminal Procedure Code to call for the records and quash the proceedings
in C.C. No.31289 of 2004 on the file of the learned Additional Chief
Metropolitan Magistrate, Egmore, Chennai.
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.N.R.Elango,
Senior Counsel for
Mr.A.Nagarajan
For Respondent : Mr.K.Srinivasan,
Special Public Prosecutor (CBI)
ORDER
The petitioner who is first accused in C.C. No.31289 of 2004 on the
file of the learned Additional Chief Metropolitan Magistrate, Egmore,
Chennai is before this Court resorting to invoke inherent power of Court
under Section 482 Cr.P.C. to quash the criminal complaint pending against
him.
2. The petitioner herein before framing of charges had filed a
discharge petition and in fact succeeded, however CBI preferred Revision
Case before this Court and got the discharge order reversed. Being
aggrieved, the petitioner filed SLP before the Hon'ble Supreme Court and
the same was dismissed. Now this petition is filed under Section 482 Cr.P.C
to quash this case on the ground that the entire due payable to the bank been
paid with interest and having suffered the ordeal of criminal prosecution
pending for more than 20 years, hence it is a fit case to be quashed since
https://www.mhc.tn.gov.in/judis
there is no pecuniary loss to the banks as well as none of the public servant
is prosecuted.
3. The learned Senior Counsel appearing for the petitioner relying
upon the judgment of M/s.Kothari Polymers Limited and others Vs. SIU
(X)/SPE/CBI in Criminal Appeal No.239 of 2015 (M/s.Kothari Polymers)
order dated 16.02.2022 submitted that the facts of the case cited is similar to
the facts of the case in hand and therefore to secure the ends of justice, the
Court may invoke its power and allow this petition. However on reading
the judgment cited in M/s.Kothari Polymers, this Court finds that the
Hon'ble Supreme Court had accepted his request of compounding the
offence and after imposing costs payable to prosecuting agency, the Hon'ble
Supreme Court Mediation and Conciliation Project Committee (MCPC)
granted relief sought by the appellant. However, the plea in this petition is to
quash the complaint and not for compounding the offence. Therefore, this
Court is not inclined to entertain this petition and the same is dismissed
https://www.mhc.tn.gov.in/judis
4. However it is open to the petitioner herein to seek compound of
offence and if such application is filed, the trial Court shall pass appropriate
orders in accordance with law, taking into consideration, the judgment of the
Hon'ble Supreme Court rendered in M/s.Kothari Polymers.
03.08.2023
Internet : Yes/No
Index: Yes/No
rkp
To
1.The Additional Chief Metropolitan Magistrate,
Egmore, Chennai.
2.The Deputy superintendent of Police,
Central Bureau of Investigation,
Bank Securities and Fraud Cell/CNI,
Bangalore.
3. The Deputy superintendent of Police,
Central Bureau of Investigation,
CBI, EOW, Chennai.
3. The Public Prosecutor, High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
Dr.G.JAYACHANDRAN, J.
rkp
Crl.O.P.No.19608 of 2022
03.08.2023
https://www.mhc.tn.gov.in/judis
