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Madras High CourtCRL OP/2549/2017dismissed

R.Balakrishnan, M/60yrs, v. A.N.Damodaran Deceased

2017-10-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.2549 of 2017 and Crl.M.P.No.1793 of 2017 R.Balakrishnan .. Petitioner Vs

1. A.N.Damodaran (Deceased) Substituted by Srinivasan

2. E.P.Parthasarathy (Impleaded as per the order of this Court dated 21.04.2017 in Crl.M.P.No.5708 of 2017 in Crl.O.P.No.2549 of 2017) .. Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for the records and quash the charges dated 28.12.2016 framed in C.C.No.7537 of 2004, on the file of the XI Metropolitan Magistrate Court, Saidapet. For Petitioner : Mr.A.Prabhakaran For Respondents R1 : Mr.R.Jayaprakash R2 : Mr.Govind Chandra Sekar

O R D E R

The prayer in the present petition is to quash the proceedings in C.C.No.7537 of 2004 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai.

2. The learned counsel appearing for the petitioner reiterating various grounds raised in the petition seeks to quash the charges.

3. The learned counsels appearing for the first respondent as well as the second respondent submitted that the trial has already been commenced and P.W.1 & P.W.2 were examined in full.

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4. Though the petitioner has raised several grounds in this petition seeking to quash the charges, I am of the view that all these grounds may be raised and elucidate during the trial and arguments and that quashing of the proceedings is belated at this stage may not arose.

5. In the result, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rts To The Presiding Officer, The XI Metropolitan Magistrate Court, Saidapet., Chennai.

Crl.O.P.No.2549 of 2017 and Crl.M.P.No.1793 of 2017 KJI(CO) SP(17/11/2017) https://hcservices.ecourts.gov.in/hcservices/