R.Kumarapathi v. State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.30285 of 2015 and M.P. No.1 of 2015 R. Kumarapathi Petitioner vs.
State of Tamil Nadu represented by L. Sathiyavani Drugs Inspectors Park Town - I Range I/c O/o Assistant Director of Drugs Control Zone - I Chennai 600 006 Respondent Criminal Original Petition filed under Section 482 Crl.P.C. to call for the records of C.C. No.445 of 2015 pending before the XV Metropolitan Magistrate Court, George Town, Chennai - 1 dated 09.11.2010 and quash the same. For petitioner Mr. S. Silambanan, Sr. Counsel for M/s. Kaavya Silambanan Associates For respondent Mr. C. Emalias Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed to call for the records of C.C. No.445 of 2015 pending before the XV Metropolitan Magistrate Court, George Town, Chennai-1, dated 09.11.2010 and quash the same. Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent State. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor pointed out that trial in the case has already begun; the Drugs Inspector was examined as P.W.1 on 16.07.2015 and the case has been posted for cross-examination by the accused.
P.N.PRAKASH, J.
cad Though it is not an inexorable rule that when once trial commences, prosecution should not be quashed, yet, taking into consideration, the nature of allegation in the instant case, which relates to an offence under the Drugs and Cosmetics Act, where, disputed questions of fact are involved, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all the points before the Trial Court. Connected M.P. is closed.
29.06.2016 cad Index:Yes/No To The Drugs Inspectors Park Town - I Range I/c O/o Assistant Director of Drugs Control Zone - I, Chennai 600 006 The XV Metropolitan Magistrate Court George Town, Chennai - 1 The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P.No. 30285 of 2015