P.Rajasekaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.15842 & 15844 of 2023 P.Rajasekaran ... Petitioner Vs.

1.The State Rep.by The Inspector of Police, District Crime Branch, Ariyalur, Ariyalur District.

(Crime No.2 of 2014) 2.M.Balasubramanian ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.1 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Sendurai and quash the same in so far as it relates to the petitioner. For Petitioner : Mr.R.Kalaiyarasi For R1 : Mr.S.Udaya Kumar Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition is filed seeking to quash the criminal case pending before the learned District Munsif cum Judicial Magistrate, Sendurai in C.C.No.1 of 2020.

2.

The petitioner who was working as a Special Assistant in State Bank of India, Irumbulikurichi, Ariyalur for the offences under Sections 406, 408, 420, 468 and 477 A IPC is before this Court to quash the case on the ground that for the incident occurred 8 years ago, he is still facing the trial and the case is foisted to save the other persons in the bank, previous statement of witnesses and the affidavit were obtained under threat and coercion.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the prosecution has completed examination of all the witnesses except Investigating Officer and the matter is posted for examination of Investigating Officer on 09.11.2023. The witnesses have mounted the box and on oath had supported the previous statement and 2/4

therefore, the contentions made in the quash petition are not sustainable. 4.

This Court without adverting to the merits of the case, dismiss this Criminal Original Petition on the sole ground that the trial is almost completed and it is for the trial Court to test the testimony and pass appropriate order on completion of the trial. Consequently, the connected Criminal Miscellaneous Petitions are also dismissed. 06.11.2023 Index : Yes/No rpl To 1.The District Munsif cum Judicial Magistrate, Sendurai 2.The Inspector of Police, District Crime Branch, Ariyalur, Ariyalur District.

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

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Dr.G.JAYACHANDRAN, J.

rpl 06.11.2023 4/4