Madras High CourtCRL OP/6737/2017dismissed

Ashok Anandane, Aged 46 Years, v. The State Rep By Its,

2017-06-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.6737 of 2017 and MP.No.4922 of 2017 Ashok Anandane .. Petitioner Vs State represented by The Deputy Superintendent of Police, CBI, ACB, Chennai. .. Respondent Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records relating to Spl.C.C.No.1/2008 on the file of Special Judge (PC Act) at Puducherry and to quash the same.

For Petitioner : No Appearance.

For Respondent : Mr.B.Mohan Special Public Prosecutor for CBI Cases

O R D E R

This Criminal Original Petition has been filed to quash Spl.C.C.No.1/2008 on the file of Special Judge (PC Act) at Puducherry.

2. There is no representation for the petitioner, who had taken out this petition to quash the proceedings pending before the trial court on several grounds.

3. Heard the Special Public Prosecutor for CBI cases for the respondent.

4. According to the Special Public Prosecutor, the examination of the prosecution witnesses is over and defendant side evidence is also over and the case is posted for arguments. It is further submitted that the previous Criminal Revision filed by the petitioner in Crl.R.C. No.856 of 2014 for examination of defence witnesses was dismissed by this court by https://hcservices.ecourts.gov.in/hcservices/

its Order dated 11.12.2014 as against which SLP has been preferred before the Hon'ble Supreme Court and that was also dismissed on 10.02.2017.

5. Since, the present petition is filed to quash the entire proceedings in which trial itself is over and the matter is pending for disposal after hearing the arguments of the parties, I am of the view that such petition to quash charge is entertained, there will not be an end to any criminal trial. Moreover, there is no representation for the petitioner in the previous hearing and today also, there is no representation for the petitioner. All these facts clearly shows that the petitioner is only inclined to protract the proceedings and hence, this petition is liable to be dismissed.

6. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to dispose of the case in Spl.C.C.No.1 of 2008 within a period of two months from the date of receipt of a copy of this Order. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vrc/dsa To

1. The Special Judge, for PC Act at Puducherry

2. The Deputy Superintendent of Police, CBI, ACB, Chennai.

3. The Public Prosecutor, High Court, Chennai 104.

+1cc to Mr.B.Mohan, Advocate, S.R.No.41098 Crl.O.P.No.6737 of 2017 CS/21/06/17 https://hcservices.ecourts.gov.in/hcservices/