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Madras High CourtCRL OP/7561/2017dismissed

Venugopal, Aged 54 Years, v. State Rep. By,

2017-10-25Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7561 of 2017 and M.P.Nos.5481 & 5482 of 2017 Venugopal ... Petitioner Vs

1. State rep by The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

2. Sharife ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the impugned charge sheet in C.C.No.28 of 2013 on the file of Judicial Magistrate No.I, Villupuram District in FIR in Crime No.1019/2012 on the file of the Inspector of Police, Villupuram Taluk Police Station, Villupuram and quash the same.

For Petitioners : Mr.Y.Deva Arul Prakash For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor for R1 No appearance for R2

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the impugned charge sheet in C.C.No.28 of 2013 on the file of Judicial Magistrate No.I, Villupuram District in FIR in Crime No.1019/2012 on the file of the Inspector of Police, Villupuram Taluk Police Station, Villupuram and quash the same.

2. Heard both sides.

3. The petitioner has raised various grounds for the purpose of quashing the C.C.No.28 of 2013 on the file of https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.1, Villupuram, Villupuram district. I am of the view that all these grounds can be raised at the time of trial. The learned Additional Public Prosecutor submitted that the trial has already commenced and P.W.1 has already been examined. At this belated stage it is not proper for this Court to exercise its power under Section 482 of Criminal Procedure Code to quash the proceedings. It is open to the petitioner to raise all these grounds at the time of trial. However taking into consideration that the issue is pending since 2013 onwards the learned Judicial Magistrate No.1, Villupuram, Villupuram District is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.

4. With the above direction this criminal original petition stands dismissed. Consequently connected miscellaneous petition are also closed.

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

1. The Judicial Magistrate No.I, Villupuram District, Villupuram.

2. The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+2cc's to Mr.Y.Deva Arul Prakash, Advocate, S.R.Nos.75401 & 76112 Crl.O.P.No.7561 of 2017 and M.P.Nos.5481 & 5482 of 2017 CS IV CA(07/11/2017) https://hcservices.ecourts.gov.in/hcservices/