K.Dharamarajan v. State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.2796 & 2798 of 2025 K.Dharamarajan ....
Petitioner Vs 1.State Rep.By, The Inspector Of Police, Kanchi Taluk Police Station, Kancheepuram District.
2.M. Babu ....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records concerned in charge sheet in C.C.No.239 of 2022 on the file of Judicial Magistrate II, Kancheepuram, Kancheepuram District and quash the same.
For Petitioner : Ms.R.Hemalatha For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.239 of 2022 pending on the file of the Judicial Magistrate No.II, Kancheepuram, thereby taken cognizance for
the offences under Sections 379 and 34 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.
3. It is seen from the records that the trial has already commenced and P.Ws 1 to 4 had examined by the prosecution. That apart, the petitioner has never appeared before the Trial Court and as such, the Trial Court issued Non-Bailable Warrant as against the petitioner, which is still pending.
4. In view of the above, the petitioner is not entitled to seek quashing of the proceedings in C.C.No.239 of 2022, when a NonBailable Warrant is pending as against him and the trial is already in progress. Therefore, this Criminal Original Petition is devoid of merits and is liable to be dismissed. Accordingly, this Criminal Original Petition stands dismissed.
19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1.The Judicial Magistrate II, Kancheepuram, Kancheepuram District 2.The Inspector Of Police, Kanchi Taluk Police Station, Kancheepuram District.
3.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp 19.02.2025