Madras High CourtCRL OP/3681/2022dismissed

Shaik Mohammed Sadiq v. State Rep By

2024-02-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.1748 of 2022 Shaik Mohammed Sadiq ... Petitioner

Versus

The State rep. by Inspector of Police, Crime Branch-CID, Krishnagiri Dt.

(Crime No.3 of 2014) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records made in S.C.No.38 of 2019 on the file of Addl. District and Sessions Judge, Hosur, Krishnagiri District and quash the same.

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For Petitioner :

Mr.A.Ramesh For Respondent :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C. No. 38 of 2019 on the file of learned Addl. District and Sessions Judge, Hosur, Krishnagiri District.

2. Heard both sides.

3. The petitioner is ranked as A11 in the F.I.R. in Crime No.03 of 2014 registered for the offence under Sec.379 of I.P.C. @ 341, 347, 364, 395, 302 I.P.C. r/w 396 and 397, 201 and 109 of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in S.C.No.38 of 2019 on the file of learned Addl. District and Sessions Judge, Hosur and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet.

4. Today, when the matter taken up for hearing, the learned Government Advocate (Criminal side) appearing for respondent would Page No.2 of 4

submit that so far, out of 60 witnesses, 29 witnesses were examined and the trial is at part-heard stage. Hence, he prayed to dismiss this petition.

5. On considering the submissions of learned Government Advocate stating that as on date, 29 witnesses were examined out of 60 witnesses and the trial is at part-heard stage, this Court is inclined to dismiss this petition. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to work out his remedy and raise all his defence before the trial court. Consequently, connected Criminal Miscellaneous Petition is closed. 06.02.2024 Index: Yes/No Internet: Yes/No rpp To

1. Inspector of Police, Crime Branch-CID, Krishnagiri Dt.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rpp CRL.O.P.No.3681 of 2022 06.02.2024 Page No.4 of 4