R.Harikumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.26999 of 2013 and M.P.Nos.1 & 2 of 2013

1. R.Harikumar

2. P.S.Raju

3. R.Chandra

4. R.Devan ... Petitioners/Accused 1 to 4 Vs.

State rep. by The Inspector of Police, W2, All Womens Police Station, Anna Salai, Chennai.

(Crime No.1 of 2011) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the charge sheet in C.C.No.4507 of 2012 filed in Crime No.1 of 2011 by the respondent police pending on the file of the learned Chief Metropolitan Magistrate, Egmore.

For Petitioners : M/s.Selvam Associates For Respondent : Ms.T.P.Savitha Government Advocate (Crl.Side) ******

ORDER

Based on the complaint given by the defacto complainant, a case was registered against the petitioners in Crime No.01/2011 for the offence under Sections 498(A), 406, 420 IPC and Section 4 & 6 of Dowry Prohibition Act and 4 of TNPWH Acr r/w 34 of IPC. After investigation, the respondent police laid a charge sheet before the learned Chief Metropolitan Magistrate, Egmore, Chennai - 08, which was taken on file in C.C.No.4507 of 2012. Pending the above case, all the accused have approached this Court seeking to quash the same. When the matter is taken up for hearing the learned Government Advocate (Crl.Side) appearing for the respondent police submitted that in the case in C.C.No.4507 of 2012 charges were framed and trial is in progress and so far 3 witnesses have been examined and hence there is no necessity to quash the above calender case.

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Heard the learned counsel appearing on either side and perused the materials available on record. Since, in this case charges were already framed and some of the witnesses have also been examined, this Court is not inclined to quash the above calender case at this stage. This criminal original petition is dismissed. Consequently connected miscellaneous petitions are closed. However, since the calender case is pending from the year 2012, the learned Magistrate is directed to conduct the trial on a day to day basis and dispose of the same in accordance with law within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar cgi To

1. The Chief Metropolitan Magistrate, Egmore.

2. The Inspector of Police, W2, All Womens Police Station, Anna Salai, Chennai.

3. The Public Prosecutor, High Court of Madras. Crl.O.P.No.26999 of 2013 and M.P.Nos.1 & 2 of 2013 A.SK(20/12/2019) https://hcservices.ecourts.gov.in/hcservices/