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Madras High CourtCRL OP/22573/2009disposed of

Dr.J.S.Rajkumar v. Assistant Cimmissioner Of

2018-12-06Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 06.12.2018

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl. OP. No.22573 of 2009 Dr.J.S.Rajkumar ..Petitioner / 1st Accused Vs.

1. The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Egmore, Chennai - 8.

2. Tr. Benny Prabhu .. Respondents /Complainants Prayer :

This petition is filed under Section 482 of Criminal Procedure Code to call for records and quash the entire proceedings pending on the file of the Judicial Magistrate at Alandur in CC No.1015 f 2008 against the petitioner.

For Petitioner :Mr.S.Xavier Felix For Respondent :Mr.Shunmuga Rajeswaran, Government Advocate (Criminal Side) for R1 Mr.P.V.S.Gridhar for R2

ORDER

This petition is filed to quash the final report filed against the petitioner in C.C.No.1015 of 2008 on the file of Judicial Magistrate, Alandur. The petitioner is the 1st accused in Crime No.933 of 2008,

wherein, he was charged for the offence punishable under Section 417, 304(A), 201 r/w 109 & 201 of IPC.

2. When the matter is taken up for hearing, the learned Government Advocate submits that the trial Court had already proceeded with the trial and out of 36 witnesses, 23 witnesses have already been examined. The case in CC No.1015 of 2018 is posted for further evidence on 07.12.2018. 3.

Since most of the witnesses have already been examined and only few witnesses alone have yet to be examined, I am inclined to dismiss this application with a liberty to the petitioner to raise all the points raised before this Court before the learned Judicial Magistrate Court, Alandur and the learned Judicial Magistrate is directed to conclude the process of trial within a period of three months from the date of receipt of copy of this order.

4.

With the above direction, the above Criminal Original Petition is dismissed.

06.12.2018 rka

B.PUGALENDHI, J.

rka Crl.O.P.No.22573 of 2009 06.12.2018