Ramachandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.8452 of 2024 and Crl.MP.Nos.6179 & 6181 of 2024 1.Ramachandran 2.Jaseentha .... Petitioners Vs.

1. The State Rep by The Sub-Inspector of Police Law and Order, N-3, Muthialpet Police Station, Chennai 600 001.

2.P.Rajendra Singh

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in respect of the impugned CC.No.3527/2017 on the file of the XVI Metropolitan Magistrate Court, George Town, Chennai and quash the same.

For Petitioner : Mr.A. Thirumaran For Respondents : Mr. S.Udaya Kumar for R1 Government Advocate (Crl.Side) 1/4

O R D E R

The petitioners herein are A1 and A2 happened to be husband and wife. The case against them is under trial in C.C.No.3527 of 2017 for the alleged offence under Sections 341, 448 and 506(ii) of IPC.

2. The present petition is filed to quash the case on the premise that the prosecution has dispensed with all the prime witnesses and therefore even if the remaining witness are examined the case cannot end in conviction even if, the 161 statement are held to be true.

3. The learned Government Advocate (Crl.Side) submits that three more witnesses on the side of the prosecution to be examined and same will be completed within a period of two months.

4. It has been time and time again reiterated through the judgments of the court that the probability of ending in conviction or acquittal cannot be the reason to quash the complaint pending trial. The course of law should undergo the process and reach this logical end. For reason best known prosecution might have dispensed with some of the listed witnesses that by perse cannot give a presumption that the case will not 2/4

end in conviction. Therefore, the petition to quash in C.C.No.3527 of 2017 on the file XVI Metropolitan Magistrate, George Town, Chennai is hereby dismissed.

5. Accordingly, this Criminal Original Petition is dismissed with direction to the trial Court to complete the trial within a period of three months from today. Consequently, the connected miscellaneous petitions are closed.

Vv 10.04.2024 To

1. The Sub-Inspector of Police Law and Order, N-3, Muthialpet Police Station, Chennai 600 001.

2. The Public Prosecutor, High Court of Madras, Chennai.

3/4

Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.8452 of 2024 and Crl.MP.Nos.6179 & 6181 of 2024 15.04.2024 4/4