A.S.Mohammed Ali Sait v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 8106 of 2021 and Crl.M.P.Nos. 5340 & 5341 of 2021 A.S.Mohammed Ali Sait ... Petitioner

Versus

1.State by The Inspector of Police, Central Crime Branch, Vepery, Chennai - 7.

2.A.S.Mohammed Abudhakir ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records of the case in C.C.No.184 of 2019 on the file of the learned Judicial Magistrate No.1 Poonamallee, Tiruvallur District and quash the same.

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For Petitioner :

Mr. C.Palanichamy For Respondent 1 :

Mr. A.Damodaran Additional Public Prosecutor For Respondent 2 :

Mr. V.V.Sairam

O R D E R

The Criminal Original Petition is filed to quash the final report in C.C.No.184 of 2019 for the alleged offences under Section 465, 468, 419, 471, 420 r/w 34 of the IPC.

2. When the matter was called for hearing, it is submitted by the learned Additional Public Prosecutor that trial had commenced in the instant proceedings and 5 out of 13 witnesses cited by the prosecution have been examined. It is further reported that the case in C.C.No.184 of 2019 has been transferred to the file of the Special Judicial Magistrate, Special Court for Land Grabbing Cases, Tiruvallur and re-numbered as C.C.No.9 of 2022. 2/5

3. In view of the above, this Court is not inclined to entertain the quash petition at this stage. Accordingly, the Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. However, the petitioner is at liberty to raise all his points before the Trial Court.

4. The Trial Court, namely, the Special Judicial Magistrate, Special Court for Land Grabbing Cases, Tiruvallur is directed to expedite the Trial in C.C.No.9 of 2022 and complete it within a period of 3 months from the date of receipt of a copy of this order. 29.03.2023 kan Index: Yes/No Speaking Order / Non-Speaking Order Note : The Registry is directed to mark a copy of this order to the Special Judicial Magistrate, Special Court for Land Grabbing Cases, Tiruvallur.

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To 1.The Special Judicial Magistrate, Special Court for Land Grabbing Cases, Tiruvallur.

2. The Judicial Magistrate No.1, Poonamallee, Tiruvallur.

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SUNDER MOHAN, J kan Crl.O.P.No. 8106 of 2021 29.03.2023 5/5