O R D E R

This Criminal Original Petition has been filed praying to quash the proceedings in C.C.No.1863 of 2014, on the file of the learned VII Metropolitan Magistrate, George Town, Chennai, as against the petitioner.

2. The case of the prosecution, in nutshell, is as follows:-

(i) The 2nd respondent, on the basis of intelligence report , booked a case of smuggling of cosmetics from Singapore by way of non-declaration and concealment and the consignment was detained on 01.11.2013. The petitioner sent abusive SMS, Blank calls etc., to the 2nd respondent and threatened the 2nd respondent. On 05.12.2013, the 2nd respondent summoned one Mahesh Kumar Singh and his associate Ibrahim U/s. 108 of Customs Act, 1962 and recorded their statements. While the 2nd respondent concluded the semi judicial proceedings under Section 108 of Customs Act, 1962, at about 17.15 hrs., the petitioner rushed inside and started using abusive words against the respondent, physically hurt him and threatened to kill him or kidnap his children, if he did not withdraw from the case.

(ii) Based on the complaint given by the 2nd respondent, the 1st respondent Police registered a case in Crime No.995 of 2013, against the petitioner, for the offence under Sections 448, 341, 323, 332, 355 and 506(ii) of IPC. After completion of investigation, charge sheet was filed in C.C.No.1 of 2014, on the file of the VII Special Judge for CBI cases, George Town, Chennai.

3. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a practicing Advocate, who use to represent his clients, during enquiry by the Customs Authorities. The very Registration of FIR filed by the respondent, as against the petitioner is illegal, and out of malafides on the part of the defacto Complainant. The petitioner has accompanied his client one Mahesh Kumar Singh, who was summoned to the Customs Office, as per Section 41D of Cr.P.C., and that the petitioner did not violate any law by being in the premises of the Customs Office. He further submitted that the petitioner was assaulted by the Customs Authorities, which was informed to the remanding Magistrate, the petitioner was taken to Royapettah Government Hospital and Accident Register for injuries sustained was issued. Further, CCTV records of the Customs House not produced, since it would falsify the case. According to the 2nd respondent, the petitioner was detained in the Customs House, handed over to the respondent, on the other hand, the respondent police case is that the petitioner was arrested on the road near Customs House. The petitioner had complained about high-handedness and corrupt practice of the Customs and DRI officials to CBI. Hence, the Customs Officials had given a motivated complaint to brook vengeance. The petitioner had lodged a complaint against the Customs officials, which is a case in counter, which has not been registered and investigated against the dictum of Supreme Court and Law. Advocates are permitted to appear during investigation as per (2017 (345) ELT 323 SC), the petitioner had only assisted his clients Mahesh Kumar Singh and Ibrahim, which is legal and permissible. The petitioner filed Crl.O.P.No.32232 of 2013, seeking direction to the first respondent to take action against the person, who attacked the petitioner and to register the petitioner's complaint, dated 06.12.2013. This Court, by order dated 16.09.2014, directed to furnish the copy the enquiry report till date no such report furnished. Thus to refrain the petitioner from exercising his legal rights and duties, as an advocate, the respondent, with mala fide intention foisted a case on the petitioner. Hence, the petitioner prays to quash the proceedings in C.C.No.1863 of 2014, on the file of the learned VII Metropolitan Magistrate, George Town, Chennai.

4. The learned counsel appearing for the 2nd Respondent /

defacto complainant submitted that in 2013, one M/s. ALM Enterprises, rep.by its Proprietors Mahesh Kumar Singh filed B