O R D E R

The petitioner is an accused in C.C.No.6821 of 2023 on the file of learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases Court, Egmore, Chennai.

2. After receipt of the copies under Section 207 of Cr.P.C, the petitioner has filed the application for discharge. In the said application in Crl.MP.SR.No.57948 of 2024 dated 20.09.2024, the petitioner has specifically stated that since FIR is prior to BNSS Act came into effect, the petition to discharge is filed under the old Code. In any event, if there is any delay in filing discharge petition under BNSS, the said delay may be condoned.

3. The learned Magistrate has returned the application for discharge with the following endorsement :

“ On careful perusal of entire case records in C.C.No.6821 of

2023 (i) As per the BNSS Act case entered into BNSS act as on 01.07.2023.

(ii) Under Section 262 of BNSS stated that discharge petition should be file within 60 days from the date of receipt of copies.

(iii) The petitioner received copies on 09.01.2024 and the time period was lapsed.

Hence how this petition is maintainable to be explained accordingly this petition is r