S.Rajagopalan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM:

THE HON'BLE MS.JUSTICE R.N.MANJULA CRL.O.P.No.26564 of 2022 S.Rajagopalan ... Petitioner/A-1

Versus

1.The State of Tamilnadu rep.by the Inspector of Police, EDF -1, Team-2, CCB, Chennai.

... Respondent-1 2.Rakesh Nigam ... Respondent-2/ Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the proceedings in C.C.7621/2017 pending on the file the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner :

Mr.S.Rajagopalan(Party in Person) For Respondent-1:

Mr.E.Raj Thilak, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.7621/2017 pending on the file the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai and quash the same.

2.The petitioner who made his appearance as Party-in-Person submitted that several proceedings have been taken against him for the same allegations and there is no basis for the criminal case made against him by the defacto complainant.

3.The learned Additional Public Prosecutor for the first respondent police submitted that trial in this case has already been commenced and 8 witnesses have already been examined. The charge sheet would show that there are 10 witnesses and the trial is almost concluded.

4.It is further submitted that the petitioner did not avail any opportunity to cross examine those witnesses and had chosen to file this petition to quash the proceedings.

5. Since the trial is half way and it is going to be concluded, the petitioner is at liberty to make his appearance before the trial Court and raise all his defense.

With the above observations, this Criminal Original Petition is dismissed.

03.11.2022 jrs To 1.The Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai 2.The Public Prosecutor High Court of Madras Chennai.

R.N.MANJULA, J.

jrs CRL.O.P.No.26564 of 2022 03.11.2022