Raja v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P. No.4626 of 2022 and Crl.M.P.No.2396 of 2022 Raja S/o.Subramanian

...Petitioner / A2

vs.

1.The State by the Inspector of Police, T2, Ambattur Estate Police Station, Chennai 600 058.

(Crime No.582/2018) 2.Shanmugamurthy

...Respondents / Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in respect with the C.C.No.357 of 2018 for the alleged offence under Section 392 IPC on the file of the Judicial Magistrate Court, Ambattur and quash the charge sheet.

For Petitioner :

Mr.M.Duraimurugan For Respondents :

Mr.A.Gokulakrishnan for R1 Additional Public Prosecutor No appearance for R2

ORDER

This petition has been filed seeking to call for the records in respect of C.C.No.357 of 2018, pending on the file of the learned Judicial Magistrate, Ambattur.

2.The learned counsel appearing for the petitioner would submit that as per the complaint, the petitioner herein/A2 is said to have snatched an amount of Rs.540/- from the pocket of the de-facto complainant. However, in the final report, it is stated that A1/Aneesh has taken Rs.540/- from the de-facto complainant. He would further submit that the petitioner is an Income Tax assessee. Therefore, he seeks to quash the proceedings.

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3.The learned Additional Public Prosecutor would submit that the matter has to be decided only at the time of trial and the proceedings cannot be indicted based on the contradiction. 4.Taking into consideration the facts and that the case has been registered in the year 2018, this Court directs the learned Judicial Magistrate, Ambattur, to complete the trial as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. 5.This Criminal Original Petition stands dismissed with the above direction. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vkr To 1.The Judicial Magistrate, Ambattur.

2.(do through) The Chief Judicial Magistrate Egmore, Chennai.

3.The Inspector of Police, T2, Ambattur Estate Police Station, Chennai 600 058.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Duraimurugan, Advocate, S.R.No.14098 Crl.O.P. No.4626 of 2022 and Crl.M.P.No.2396 of 2022 JPL(CO) RVM(24/03/2022) https://hcservices.ecourts.gov.in/hcservices/