IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

W.P.NO.13046 OF 2022

AND

W.M.P.NOS.12455 TO 12458 OF 2022

1.Syed Abuthahir

S/o.Rahamathullah

2.Syed Ali Hussain

S/o.Bavajan

...Petitioners

Vs.

1.The Inspector of Police

Team-14, Cyber Crime Cell

Central Crime Branch, Chennai

(Cr.No.79 of 2021)

2.The Inspector of Police

Tiruppur City Cybercrime Police Station

Tiruppur District

(Cr.No.15 of 2021)

3.The Inspector of Police

Chengalpattu Cybercrime Police Station

Chengalpatu District

(Cr.No.15 of 2021)

4.Mr.Ashok Kumar

5.Ramesh Raja

6.Sivakumar

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the

Constitution of India to issue a Writ of Mandamus, calling for

the records of the impugned F.I.Rs in Crime No.15 of 202 on the

files of the 2^nd respondent dated 22.09.2021 and Crime No.15 of

2021 on the files of the 3^rd respondent dated 16.12.2021 and

quash the same as illegal and consequently consolidate the same

as part of the trial in C.C.No.84 of 2021 pending before the

learned Judicial Magistrate-1, Poonamallee.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

:

Mr.I.Abdul Basith

For Respondents

:

Mr.A.Gokulakrishnan

Additional Public Prosecutor

ORDER

This petition is filed to quash the F.I.R. in Crime No.15 of

2021 filed by the CCB, Tirupur and Crime No.15 of 2021 filed by

the CCB, Chengalpattu for the alleged offence u/s.406, 419, 420

and 66D of the Information Technology Act.

2.The main grievance of the petitioner is that already based

on similar fifteen (15) complaints, cognizance were taken by the

learned Judicial Magistrate No.1, Poonamallee, in C.C.No.84 of

2021. The contention is that all the subsequent complaints must

be only treated as the statements u/s.161 Cr.P.C. and

registering multiple F.I.Rs will only cause confusion and lead

to inconvenience. Therefore, seeks to quash the F.I.R.

registered in Crime No.15 of 2021 pending on the file of the

CCB, Tiruppur Police Station and Crime No.15 of 2021 pending on

the file of the CCB, Chengalpattu.

3.Heard Mr.A.Gokulakrishnan, the learned Additional Public

Prosecutor, appearing for the respondents 1 to 3.

4.Learned Additional Public Prosecutor has not disputed the

fact that based on fifteen complaints already filed, 15 F.I.Rs

too were consolidated and a final report also filed and taken on

file by the learned Judicial Magistrate No.1, Poonamallee.

5.Considering the fact that the allegation mainly pertaining

to online trading which several people said to have suffered

residing in various places, as the main crux of the allegations

are already taken on file by the learned Judicial Magistrate

No.1, Poonamallee. Multiple F.I.Rs of the similar nature not

only create difficulty to the Investigating Officer but also to

the accused.

6.Accordingly, all the complaints which were registered in

Crime No.15 of 2021 as separate F.I.R. need not be proceeded.

Further the said F.I.R. filed by the respective police shall be

closed instead the above complaint be added as witnesses, and

the statements to be recorded and filed as additional materials

before the Judicial Magistrate No.1, Poonamallee where C.C.No.84

of 202 is already pending. Whatever the additional materials is

filed with regard to the subsequent complaints, the Judicial

Magistrate No.1, Poonamallee shall take the same into

consideration and proceed with the trial as per law.

https://hcservices.ecourts.gov.in/hcservices/

7.With the above direction, the Writ Petition stands

allowed. Consequently, the connected miscellaneous petitions

are closed. No costs.

Sd/-

Assistant Registrar(CS-II)

// True Copy //

Sub Assistant Registrar

kas

To

1.The Judicial Magistrate – I

Poonamallee.

2.The Inspector of Police

Team-14, Cyber Crime Cell

Central Crime Branch, Chennai

(Cr.No.79 of 2021)

3.The Inspector of Police

T