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Madras High CourtCRL OP/948/2019dismissed

S.Siva v. The Inspector Of Police

2019-03-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.948 of 2019 S.Siva ...Petitioner Vs.

The Inspector of Police CCB - Vth division Police Station Commissioner of Police, Wing Vepery- CHENNAI ...Respondent PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue the direction to the Judicial Magistrate Court at Alandur, Chennai-16 to take the discharge petition dated 08.10.2018 in C.C.No.1275 of 2017 and further proceed as per law.

For Petitioner : Mr.S.Siva, Party -in-Person For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C., to issue the direction to the Judicial Magistrate Court at Alandur, Chennai-16 to take the discharge petition dated 08.10.2018 in C.C.No.1275 of 2017 and further proceed as per law.

2.This Court called for a report from the Judicial Magistrate, Alandur on 26.02.2019. Accordingly, the learned Magistrate sent a report dated 19.03.2019 and revealed that the petitioner filed a discharge petition in C.M.P.No.733 of 2017 and the same was dismissed on 27.03.2018. Thereafter, charge framed on 27.03.2018 as against the petitioner. The prosecution has also examined P.W.1 to P.W.4 and posted the matter for further evidence. At this stage, on 20.02.2019, the petitioner once again filed another discharge petition along with the order in Crl.R.C.No.951 of 2018 dated 27.08.2018.

3.Since the trial has already been commenced and the prosecution has also examined P.W.1 to P.W.4, the learned Judicial Magistrate returned the discharge petition filed by the https://hcservices.ecourts.gov.in/hcservices/

petitioner on 20.02.2019. Therefore, the present petition filed by the petitioner is devoid of merits. Hence, liable to be dismissed.

4.Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kas To.

1.The Judicial Magistrate Alandur,Chennai 2.The Inspector of Police CCB - Vth division Police Station Commissioner of Police, Wing Vepery- CHENNAI 3.The Public Prosecutor High Court of Madras +1cc to Mr.S.Siva,Party-in-Person, S.R.No.28352 Crl.O.P.No.948 of 2019 RRS(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/