Madras High CourtCRL OP/20179/2020dismissed

Vijay v. The State By

2022-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.8405 and 8406 of 2020

1. Vijay

2. Suraj ... Petitioners Vs.

1. The State by The Sub Inspector of Police, K-4, Anna Nagar Police Station, Law & Order, Chennai - 600 040.

(Crime No.776 of 2019)

2. P.S.Murthy ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.2021 of 2020 pending on the file of V Metropolitan Magistrate Court Egmore, Chennai and to quash the same.

For Petitioners : Mr.V.Krishnamoorthy For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.T.Arun Kumar for M/s Tamizh law Firm 1/4

O R D E R

This petition has been filed to quash the proceedings in C.C.No.2021 of 2020 pending on the file of V Metropolitan Magistrate Court Egmore, Chennai, for the alleged offences under Sections 294(b), 352 and 506(i) of IPC r/w Section 24 of the Welfare and Maintenance of parents and senior Citizen Act, 2007, as against the petitioners.

2. The case of the prosecution is that the petitioners are the sons of the defacto complainant. It is alleged that the petitioners are not properly taking care of the defacto complainant and the petitioners have also slapped the defacto complainant. Hence, the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that already the trial had commenced and prosecution completed its evidence. Now the matter is posted for questioning under Section 313 Cr.P.C. At this stage, this Court cannot entertain the quash petition to quash the entire proceedings. However, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this order.

4. Accordingly, this criminal original petition stands dismissed. 2/4

Consequently, connected miscellaneous petitions are closed. 01.07.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order mn/cda To

1. The V Metropolitan Magistrate Court Egmore, Chennai.

2. The Sub Inspector of Police, K-4, Anna Nagar Police Station, Law & Order, Chennai - 600 040.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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mn and Crl.M.P.Nos.8405 and 8406 of 2020 01.07.2022 4/4