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Madras High CourtCRL OP/5387/2017dismissed

Konduru Sivakumar Sasthiri, v. State Rep. By

2021-09-29Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2021

CORAM

THE HON'BLE Mr.JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.5387 of 2017 and Crl.M.P.Nos.4018 & 4019 of 2017 Konduru Sivakumar Sasthiri .. Petitioner Vs.

1.State Represented by The Inspector of Police, EDF II, Team IX A, Central Crime Branch, Vepery, Chennai - 600 007.

2.T.Sathaiah .. Respondents Impleaded the 2nd respondent as per the order of this Court dated 03.04.2017 in Crl.M.P.No.4710/2017 in Crl.O.P.No.5387/2017.

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.1608 of 2016 on the file of the Chief Metropolitan Magistrate, Allikulam, Chennai and to quash the same.

For Petitioner .. Mr.Ganesh Kumar For Respondents .. Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

Though the learned counsel for the petitioner sought time, I am not inclined to keep the present petition still on the board of this Court, particularly, because the trial has commenced and the petitioner / accused had taken a conscious decision to participate in the trial proceedings. He is appearing before the trial court namely, the Chief Metropolitan Magistrate Court, Allikulam Chennai, wherein, PW-1 chief examination has been recorded in part and the matter is posted for continuation of recording the evidence of PW-1 chief on 08.11.2021. Let the examination of witnesses continue and let the petitioner herein test such evidence during cross-examination. https://hcservices.ecourts.gov.in/hcservices/

2.With the above observations, the present Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. A direction is given to the learned Chief Metropolitan Magistrate, Allikulam, Chennai, to proceed further with the trial.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smv To 1.The Inspector of Police, EDF II, Team IX A, Central Crime Branch, Vepery, Chennai - 600 007.

2.The Public Prosecutor, High Court of Madras.

3.The Chief Metropolitan Magistrate, Allikulam Chennai-3. +5ccs to Mr.S.Jayakumar, Advocate, S.R.No.50822 Crl.O.P.No.5387 of 2017 AK-II(CO) CT/12/10/2021 https://hcservices.ecourts.gov.in/hcservices/