JUDGMENT :-

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crl.MP.No.23751 of 2019 in S.C.No.123 of 2015, on the file of the Hon’ble XVII Additional Judge, City Civil Court at Chennai and quash the same as not maintainable either in law or on facts.)

1. This Criminal Original Petition has been filed challenging the summons issued by the Court below directing the Petitioner to attend an enquiry initiated by the court below based on the complaint given by the Respondent under Section 340 of The Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”).

2. The Respondent who was arrayed as A3 in S.C. No. 123 of 2005 before the Additional District and Sessions Court, FTC III, Chennai, faced trial along with 3 other accused persons for an offence under Sections 120B, 307, 450, 451, 384, 506-Part II of the Indian Penal Code, 1860 (hereinafter referred to as “I.P.C”) read with Section 109, I.P.C. The FIR in this case was registered in Crime No. 473 of 2002 by the F-2 Police Station, Egmore and later on the investigation was transferred to the file of the CBCID. The Petitioner who was then the