M.Duraisamy v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.6571 and 6575 of 2025

1. M.Duraisamy

2. D.Saraswathi ... Petitioners Vs

1. State Represented by, The Inspector of Police, District Crime Branch, Coimbatore District.

(Crime No.11 of 2016)

2. Ganesan K ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records pertaining to the impugned charge sheet in C.C.No.275 of 2017 on the file of the Judicial Magistrate, Mettupalayam, and quash the same as illegal.

For Petitioners : Ms.B.Bhuvaneshvari For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.Side) for R1 1/5

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.275 of 2017 on the file of the Judicial Magistrate, Mettupalayam,

2. The petitioners are arrayed as A3 and A4. They already filed a petition in Crl.O.P.No.29419 of 2017 before this Court seeking to quash the charge sheet in C.C.No.275 of 2017, and the same was dismissed by order dated 14.07.2020 on the ground that the trial had already commenced and on the prosecution side, PW1 was examined.

3. The learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, states that so far, PW.1 to PW.4 have been examined by the prosecution. Therefore, the second quash petition cannot be entertained unless there is a change in circumstances.

4. On a perusal of records, it is revealed that there is no change in 2/5

circumstances to entertain this quash petition to quash the entire proceedings. That apart, the trial has already commenced and so far, PW.1 to PW.4 have been examined by the prosecution. Therefore, after commencement of trial, this Court is not inclined to quash the entire proceedings.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. 03.04.2025 Index:Yes/No kv 3/5

To

1. The Inspector of Police, District Crime Branch, Coimbatore District.

2. The Judicial Magistrate, Mettupalayam.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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