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Madras High CourtCRL OP/16811/2020dismissed

P.Sasikumar v. State Rep. By

2022-06-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.16811 OF 2020 AND CRL.M.P.NOS.6500 & 6502 OF 2020 1.P.Sasikumar 2.P.Paramasivam 3.P.Saraswathi 4.Kowsu @ P.Gowthami

...Petitioners

Vs.

1.State Rep. By The Inspector of Police, All Women Police Station, Mettur, Salem District.

2.N.Indumathi

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.124 of 2020 on the file of the Judicial Magistrate-II, Mettur and quash the same. For Petitioners :

Mr.M.S.Palaniswamy For Respondent R1 :

Mr.A.Gopinath, Government Advocate (Crl.Side) For Respondent R2 :

Mr.M.Devaraj

O R D E R

This Criminal Original Petition has been filed to quash the proceedings pertaining to the charge sheet in C.C.No.124 of 2020 on the file of the Judicial Magistrate-II, Mettur.

2. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that already the trial has been commenced, all the prosecution witnesses were examined and the questioning under Section 313 Cr.P.C has also been completed. Now, the matter is posted for evidence on the defense side.

3. Considering the submission made by the learned Government Advocate and also of the fact that once the trial is commenced, this Court is not inclined to entertain the quash petition to quash the entire proceedings.

4. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. However, the learned Judicial Magistrate-II, Mettur is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar anu/sp To 1.The Judicial Magistrate-II, Mettur.

2.(do through) The Chief Judicial Magistrate, Salem.

3.The Inspector of Police, All Women Police Station, Mettur, Salem District.

4.The Public Prosecutor, Madras High Court.

+1cc to M/s.M.S.Palanisamy, Advocate Sr.No.37348 Crl.O.P.No.16811 of 2020 RK(CO) RVM(11/07/2022)