Madras High CourtCRL OP/6680/2017disposed of

R.Jayaseelan, Aged 543 Years, v. The State Rep By Its,

2017-06-01Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2017

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.6680 of 2017 Crl.M.P.Nos.4895 & 4896 of 2017 R.Jayaseelan ... Petitioner Vs State Rep. by The Inspector of Police, Vigilance and Anti Corruption Division, Tiruvannamalai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C to call for the records pertaining to the Special Case No.9 of 2015 on the file of the learned Chief Judicial Magistrate, Tiruvannamalai and quash the same.

For Petitioner : Mr.D.Ashok Kumar For Respondent : Mr.E.Raja Additional Public Prosecutor

O R D E R

This petition has been filed to quash the Special Case No.9 of 2015 on the file of the learned Chief Judicial Magistrate, Tiruvannamalai on the ground that the petitioner has been falsely implicated as second accused in this case.

2. According to the learned counsel for the petitioner, the petitioner is innocent and except receiving the money for handing over the same to the other accused and he had no knowledge about the demand made by the other accused. It is the further contention of the learned counsel for the petitioner that in fact, the petitioner, all along during the investigation has been treated as a witness and suddenly he was made as an accused and hence, prayed for quashing of the charges against the petitioner.

3. The learned Additional Public Prosecutor submitted that charge sheet has been filed against two accused and charges have https://hcservices.ecourts.gov.in/hcservices/

also been framed against the accused and trial is likely to be commenced very soon. He further submitted that there are prima facie materials against the petitioner and the charges against the petitioner cannot be quashed at this stage and hence, he opposed this petition.

4. In the line of the above submissions and from the perusal of materials on record, there are prima facie materials against the petitioner for allegedly receiving the bribe amount on behalf of the first accused. Therefore, at this stage it cannot be stated that there is no material as against the petitioner. The innocence of the petitioner can be established only after trial and therefore, this petition cannot be entertained at this stage, when the case itself is ripe for trial.

5. Accordingly, this Criminal Original Petition is dismissed. However, the learned trial Judge is directed to complete the trial and dispose of the case within a period of four months from the date of receipt of a copy of this Order and the prosecution shall ensure that the witnesses are produced in time and on failure to produce the witnesses as directed by the lower court, the lower court can very well impose cost on the prosecution under section 309 Cr.P.C. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Tiruvannamalai.

2.The Inspector of Police, Vigilance and Anti Corruption Division, Tiruvannamalai.

+1cc to M/S.D.Ashok Kumar, Advocate Sr.39591 Crl.O.P.No.6680 of 2017 srg 12/06/2017 https://hcservices.ecourts.gov.in/hcservices/