Madras High CourtCRL OP/15806/2021dismissed

E.Babu v. The State Rep By

2023-06-09Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No.15806 of 2021 and Crl.M.P.Nos.8619 and 8621 of 2021

1. E.Babu

2. A.Suriya ... Petitioners/Accused Nos.1 & 2

Versus

1. The State rep. by Inspector of Police Olakkur Police Station, Villupuram District.

Cr. No.195 of 2021

2. Nandakumar ... Respondents/ Complainant, Defacto Complainant Prayer : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code seeking to call for the records of charge sheet in C.C.No.58 of 2021 for the alleged offence under Sections 294(b), 323, 427, 506 (ii) 447 of IPC pending on the file of the learned Judicial Magistrate No.1, Tindivanam, quash the same. For Petitioner : Mr.S.N.Subramani For Respondent : Mr.S.Balaji Govt. Advocate (Crl. Side), for R1 1/4

O R D E R

When the matter was called on 07.06.2023, there was no representation for the petitioners and hence, it has been listed today. Even today, there is no representation for the petitioners.

2. The petition is to quash the charge sheet in C.C. No. 58 of 2021 pending on the file of the learned Judicial Magistrate - 1, Tindivanam, for the alleged offence under Sections 294(b), 323, 427, 506 (ii) 447 of the Indian Penal Code.

3. The learned Government Advocate (Criminal side) appearing for the first respondent reported that trial has commenced and three witnesses have already been examined out of nine witnesses.

4. In view of the advanced stage of the trial, this Court is not inclined to entertain this petition. However, the petitioners is at liberty to raise all his contentions before the trial Court. 2/4

5.With the above observations, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed.

09.06.2023 jv Index: Yes/No Speaking Order / Non-Speaking Order To

1. The Judicial Magistrate No.1, Tindivanam

2. The Inspector of Police Olakkur Police Station, Villupuram District.

3. The Public Prosecutor Madras High Court.

3/4

SUNDER MOHAN, J.

jv Criminal Original Petition No.15806 of 2021 and Crl.M.P.Nos.8619 and 8621 of 2021 09.06.2023 4/4