Madras High CourtCRL OP/17840/2010dismissed

R.Ganga v. The Inspector Of Police

2017-07-14Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2017 C O R A M THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17840 of 2010 & Crl. M.P.Nos.1 & 2 of 2010

1. R.Ganga

2. J.Santhakumari

3. N.Jayanthi

4. K.Usha

5. T.Anusha ... Petitioners Vs.

1. The Sub Inspector of Police C.C.B., Team -III, Pantheon Road, Egmore, Chennai - 600 008.

2. S.N.Vadivelu

3. Chockalingam Palaniappan

4. S.Palaniappan ... Respondents [Impleaded the respondents 3 & 4, as per the suo moto order of this Court dated 15.03.2017 in Crl.O.P.No.17840/2010] PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the records and quash the proceedings in C.C.No.5853 of 2010, pending on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, in so far as relates to the petitioners 1 to 5 herein, who are arrayed as accused 3 to 7 in the charge sheet.

For Petitioners : Mr.S.Ananthanarayanan For R1 : Mr.J.Karuppiah Additional Public Prosecutor For R2 : Mr.K.Azhagentaran For RR3 & 4 : No Appearance

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the proceedings in C.C.No.5853 of 2010, pending on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai for the offence under Sections 406, 420 IPC r/w 120(b) and 506 (ii) IPC.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The learned Additional Public Prosecutor representing the first respondent has submitted that the trial has commenced and the first witness has been examined. The petitioners have been cross-examined in part and posted for continuation of cross-examination. There is no stay of the proceedings.

4. On considering the submissions of the learned Additional Public Prosecutor that the trial has commenced and the learned counsel for the petitioners stated that they are getting along with the trial, the Criminal Original Petition is dismissed and the Trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this Order. Registry is directed to send back any records if received from the Court below immediately. Consequently, connected miscellaneous petitions are closed.

14.07.2017 pvs To

1. The XI Metropolitan Magistrate, Saidapet, Chennai

2. The Sub Inspector of Police C.C.B., Team -III, Pantheon Road, Egmore, Chennai - 600 008.

3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J pvs Crl.O.P.No.17840 of 2010 & Crl. M.P.Nos.1 & 2 of 2010 14.07.2017