D.Sathyanarayanan v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.6229 of 2022 D.Sathyanarayanan ... Petitioner Vs.

The State Represented by the Inspector of Police Civil Supplies CID Squad Tirupur Unit Tirupur District ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.239 of 2018 on the file of the respondent as illegal, incompetent, without jurisdiction, groundless and abuse of process.

For Petitioner : Mr.V.Raghavachari For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor Page No.1 of 4

O R D E R

This Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records pertaining to C.C.No.239 of 2018, for the offence under Section 6(4) ot TNSC (RDCS) Order 1982 read with 7(1)(a)(II) of Essential Commodities Act, 1955, pending on the file of the respondent and quash the same.

2.This petition is filed to quash the final report in C.C.No.239 of 2018 mainly on the ground that the final report though filed in the year 2018, no progress has been shown in the trial. Further it is the contention of the learned counsel for the petitioner that the offence itself is not made out and there are no material to prove the allegation against the accused. The charge sheet is filed for the offence 6(4) of TNSC (RDCS) Order 1982 read with 7(1)(a)(II) of Essential Commodities Act, 1955, for possessing Public Distribution Rice about 5350 Kgs. 3.Learned Additional Public Prosecutor appearing for the respondent would submit that three witnesses have already been Page No.2 of 4

examined and remaining four witnesses have to be examined. He added that trial in this case would be completed within a period of two months. 4.Since the Substantive evidence has already come before the trial Court, now, it is for the trial Court to appreciate the evidence. This Court cannot exercise the role of the trial Court to appreciate the evidence. The trial Court is directed to expedite the trial and dispose of the main case within a period of two (2) months.

5.With the above direction, this Criminal Original Petition stands dismissed.

12.07.2022 kas Index: Yes / No Internet : Yes / No Speaking / Non Speaking order Page No.3 of 4

N.SATHISH KUMAR, J.

kas To 1.The Inspector of Police Civil Supplies CID Squad Tirupur Unit Tirupur District 2.The Public Prosecutor High Court of Madras Chennai 600 104 CRL.O.P.No.6229 of 2022 12.07.2022 Page No.4 of 4