IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

&

Crl.M.P.Nos. 18257 & 18665 of 2025

Crl.O.P.No. 26823 of 2025

Arasada Satish Babu ... Petitioner

Vs.

1.State by Inspector of Police

Central Crime Branch Team 12

Bank Fraud Investigation Department

Vepery, Chennai 600 007.

2.State Bank of India,

Rep. By its Regional Manager,

Administrative Office: State Bank of India

Zone – I, Network 1, Region 1, Chennai North

No.231, NSC. Bose Road,

Chennai 600 001. ... Respondents

PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in CC.No.1601 of 2024 on the file of the learned Additional CCB

Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

For Petitioner : Mr. A.Saravanan For Respondent 1 : Mr. K.M.D.Muhilan Additional Public Prosecutor For Respondent 2 : Mr. A.Arfat Mohammed Crl.O.P.No. 27577 of 2025 Banawath Sunil Kumar Naik ... Petitioner Vs.

1.State by Inspector of Police Central Crime Branch Team 12 Bank Fraud Investigation Department Vepery, Chennai 600 007.

2.State Bank of India, Rep. By its Regional Manager, Administrative Office: State Bank of India Zone – I, Network 1, Region 1, Chennai North No.231, NSC. Bose Road, Chennai 600 001. ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in CC.No.1601 of 2024 on the file of the learned Additional CCB Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

For Petitioner : Mr. A.Saravanan For Respondent 1 : Mr. K.M.D.Muhilan Additional Public Prosecutor For Respondent 2 : Mr. A.Arfat Mohammed

C O M M ON O R D E R

These criminal original petitions have been filed seeking to call for the records in CC.No.1601 of 2024 on the file of the learned Additional CCB Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

2. The case of the prosecution is that A1 and A2, in collusion with A3 and A4, who are their relatives, along with A5, a broker had produced a fake and fabricated documents and obtained a loan to the tune of Rs.89,00,000/-. Based on a complaint given by the 2^nd respondent bank, an FIR in Crime No.250 of 2023, was registered by the 1^st respondent police and the 1^st respondent police, after investigation, have filed a final report against A1 to A5 (individuals) and A6 and A7 (officials of the Bank for having colluded with A1 to A5 and cheated the Bank) for the offences under Section 120 (B), 406 and 420 IPC. The case is pending on the file of the Additional CCB Metropolitan Magistrate Court, Egmore, Chennai.

3. The learned counsel appearing for the petitioners would submit that the petitioners are A6 and A7 who are officials of the bank, have processed the loan application of A1 and A2. He would further submit that the petitioners have not committed any offence and they have been falsely implicated in this case. He would further submit that in respect of the very same charges, the bank had conducted a departmental enquiry and during the enquiry, it was found that the petitioners have no role in cheating committed by the main accused and they have been exonerated of the charges. Further, the 2^nd respondent bank had filed a counter affidavit, contending that the petitioners have no role in the offence. Therefore, the proceeding as against the petitioners is nothing but an abuse of process of law and prayed that the proceeding may be quashed as against the petitioners.

4. The learned Additional Public Prosecutor, appearing for the

1^st respondent police would submit that based on a complaint given by one Balaji, erstwhile manager of the 2^nd respondent bank, a case was registered against A1 to A7 and finding that there are materials against these petitioners, they have also filed a final report. He would further submit that trial is pending and he objected for quashment of the proceeding as against the petitioners herein.

5. The learned counsel for