Madras High CourtCRL OP/25390/2021dismissed

Jyothee @ Ksheeraja v. State Rep By

2023-07-18Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.07.2023 Coram:

The Hon'ble Mr.Justice V.SIVAGNANAM Crl.O.P.No.25390 of 2021 and Crl.M.P.No.14065 of 2021 1.Jyothee @ Ksheeraja 2.D.Kannan

...Petitioners

Versus

1.The State rep. by The Inspector of Police, Central Crime Branch, EDF-1, Team - 1, Vepery, Chennai - 600 007.

2.Sundaram Fastners Limited, Rep. by S.Rajagopalan, M.R.Srinivasan, Senior General Manager - Finance, Padi, Chennai - 600 050.

...Respondents

This Criminal Original Petition is filed under Section 482 of Cr.P.C praying to call for the records in connection with the charge sheet in C.C.No.12/2019 against the petitioners/accused - 14 & 15 on the file of Judicial Magistrate - I, Poonamallee and quash the same. 1/4

For Petitioners :

Mr.R.Dhinesh Kumar For Respondent - 1 :

Mr.V.J.Priyadarsana, Government Advocate (Crl.Side) For Respondent - 2 :

Mr.S.R.Raghunathan

ORDER

This criminal original petition has been filed seeking to quash the charge sheet in C.C.No.12 of 2019 against the petitioners/Accused Nos.14 & 15 on the file of Judicial Magistrate - I, Poonamallee.

2. Today, when this criminal original petition was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent police submitted that the trial in C.C.No.12 of 2019 has commenced and out of 53 witnesses, the prosecution has examined three witnesses and the case has also been posted for recording evidence on 28.07.2023. He further submitted that the other accused involved in this case had also filed criminal original petitions before this Court seeking to quash the proceedings in C.C.No.12 of 2019, but, the said petitions were dismissed by this Court on 27.06.2023.

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3. Considering the above submissions made by the learned Government Advocate (Crl.Side), this Court is of the opinion that the dispute between the accused persons and the complainant can be adjudicated only after the parties let in evidence before the trial Court. Hence, at this stage, this Court cannot entertain this criminal original petition.

4. In the result, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. 18.07.2023 mrr To 1.The Judicial Magistrate - I, Poonamallee 2.The Inspector of Police, Central Crime Branch, EDF-1, Team - 1, Vepery, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

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V.SIVAGNANAM, J.

mrr Crl.O.P.No.25390 of 2021 18.07.2023 4/4