S.Azhagarsami v. G.Susila

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.4349 and 4350 of 2025 S.Azhagarsami ... Petitioner Vs G.Susila ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in CC.No.35 of 2017 on the file of the Hon'ble Judicial Magistrate No.II, Chengalpattu and quash the same as against this petitioner herein. For Petitioner : Mr.R.Sreedhar

ORDER

This Criminal Original Petition has been filed to quash the proceeding in CC.No.35 of 2017 on the file of the Judicial Magistrate No.II, Chengalpattu.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. It is seen that already the trial has been commenced and the matter is posted for defence side witness.

4. After commencement of trial, the quash petition cannot be entertained. However, the petitioner is at liberty to raise all the defence before the Trial Court through their defence witness.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petitions are closed. 11.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Judicial Magistrate No.II, Chengalpattu.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 11.03.2025