Ashok Kumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No.20070 of 2021 and Crl.M.P.Nos.10931 and 10932 of 2021 Ashok Kumar ... Petitioner
Versus
1. The State rep. by Inspector of Police, F-2, Police Station, Egmore, Chennai - 600 008.
2. Saravanan,
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in C.C.No.5753 of 2021 on the file of the Metropolitan Magistrate Court - XIV, Egmore and to quash the same.
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For Petitioner : Mr. R.Thirumoorthy For Respondent : Mr. S.Balaji Government Advocate (Crl.Side) for R1.
No Appearance for R2
O R D E R
The petition is to quash the final report in C.C.No.5753 of 2021 pending on the file of the Metropolitan Magistrate Court XIV, Egmore for the alleged offence under Section 379 of the Indian Penal Code, 1860.
2. It is reported by Mr.S.Balaji, the learned Government Advocate (Crl.Side) that the trial has commenced and P.W.1 has already been examined.
3. Since the trial has commenced, this Court is not inclined to entertain this quash petition. However, the petitioner is at liberty to raise all the points before the trial Court. Hence, this Court is not inclined to quash this petition. The personal appearance of the petitioner before the trial Court is dispensed with unless the trial Court considers the petitioner's appearance necessary for the progress of the trial. 2/4
4. Accordingly, the Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. 13.06.2023 dk Index: Yes/No Speaking Order / Non-Speaking Order To 1.The Metropolitan Magistrate Court - XIV, Egmore.
2.The Inspector of Police, F-2, Police Station, Egmore, Chennai - 600 008.
3.The Public Prosecutor, High Court of Madras, Chennai.
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SUNDER MOHAN, J dk Criminal Original Petition No.20070 of 2021 and Crl.M.P. Nos.10931 and 10932 of 2021 Dated: 13.06.2023 4/4