Vengatesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6628 of 2019 and Crl.M.P.No.3650 of 2019 Vengatesan ... Petitioner Vs.

1. The State Rep. by the Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District

2. Savithri .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records of the Charge Sheet in C.C.No.63 of 2018 on the file of the learned Judicial Magistrate-III, Tirupattur, Vellore District and quash the same. For Petitioner : Mr.G.Jeremiah For Respondents For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.63 of 2018 on the file of the learned Judicial Magistrate-III, Tirupattur, Vellore District, having been taken cognizance for the offences punishable under Section 498(a), 294(b) and 506(ii) I.P.C.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police filed charge sheet in C.C.No.63 of 2018 before the learned Judicial Magistrate-III, https://hcservices.ecourts.gov.in/hcservices/

Tirupattur, Vellore District . Hence he prayed to quash the same.

3. The learned Additional Public Prosecutor would submit that trial has already been commenced in C.C.No.63 of 2018 and PW1 and PW2 have also been examined on 09.11.2018. Hence, at this stage, the charge sheet cannot be quashed.

4. Heard Mr.C.Jeremiah, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first respondent.

5. It is seen that PW1 and PW2 have already been examined. As such at this stage, the prayer sought for by the petitioner cannot be quashed. However, considering the case is of the year 2018, the trial Court is directed to complete the trial proceedings within a period of six months from the date of receipt of copy of this Order.

6. With the above direction, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

-sd/- Assistant Registrar True Copy Sub-Assistant Registrar lok To

1. The Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District

2. The learned Judicial Magistrate-III, Tirupattur, Vellore District

3. The Public Prosecutor, High Court, Chennai.

RSV (CO) Crl.O.P.No.6628 of 2019 VS 31.05.2019 https://hcservices.ecourts.gov.in/hcservices/