Madras High CourtCRL OP/16299/2016closed

B.Mani, Male Aged 52 Years v. The State Rep. By

2016-07-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16299 of 2016 and Crl.MP.No.7926 of 2016 B.Mani .. Petitioner Vs The State, rep.by The Inspector of Police, B-1, Thiruvallur Town Police Station, Thiruvallur District.

Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in C.C.No.137 of 2005 pending trial on the file of the Judicial Magistrate -I, Thiruvallur.

For Petitioner :Mr.M.Thirumalai For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records and quash the proceedings in C.C.No.137 of 2005 pending trial on the file of the Judicial Magistrate -I, Thiruvallur.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. On a reading of the final report, it is seen that the allegation against the petitioner is that he had obtained bogus land acquisition certificate, on the strength of which, he https://hcservices.ecourts.gov.in/hcservices/

attempted to get state employment. Since there are prima facie material for the prosecution to proceed against the petitioner, this is not a fit case to quash the prosecution.

4. However, this case is of the year 2005. Therefore, the learned Judicial Magistrate No.I, Thiruvallur is directed to expeditiously conduct the trial and complete the same within a period of six months from the date of receipt of a copy of this order. The trial Court shall ensure that the petitioner/accused cross examines the witnesses on the same they are examined-inchief as directed by the Supreme Court in Vinoth Kumar vs. State of Punjab [2015(1) MLJ (crl) 288]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to remand him to custody in terms of the law laid down by the Supreme Court in State of Uttar Pradesh v. Shambjunath Singh [JT 2001 (4) SC 319].

In view of the above, the criminal original petition is closed. Consequently, connected miscellaneous petition is closed. -s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar sms To

1. The Inspector of Police, B-1, Thiruvallur Town Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate NO.I Thiruvallur +1 cc to M/s.M.Thirumalai Advocate sr.42721 Crl.OP No.16299 of 2016 and Crl.MP.No.7926 of 2016 aa17/08/2016 https://hcservices.ecourts.gov.in/hcservices/