V.P.R.Elamparithi, M/A 39 Yrs, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH CrlOP.No.13040 of 2017 and CrlMP Nos.8484 and 8485 of 2017 1.V.P.R.Elamparithi 2.Prabakaran @ Chepakkam Prabakaran ...

Petitioners Vs State by its Inspector of Police, C-3, Seven Wells Police Station (Law & Order), Chennai-600 001.

... Respondent Prayer: This Petition filed under Section 482 CrPC, to call for the records relating to the case in C.C.No.974 of 2015 pending trial on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai and to quash the same.

For Petitioners :

Mr.UM.Ravichandran For Respondent :

P.Govindarajan, Additional Public Prosecutor

O R D E R

The prayer in the present petition is to quash the proceedings in C.C.No.974 of 2015 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai.

2.The petitioner among various grounds raised, the main ground stressed upon is that FIR has been filed belatedly after three months and that no permission has been obtained from the Police authorities. The offence is non cognizable offence.

3.However, the learned Additional Public Prosecutor, on instructions, submitted that out of 14 witnesses, PW1 to PW5 had already been examined and it requires utmost three months time to complete the examination. Whatever the grievance of the petitioner, it can be redressed in the trial. I do not find any justification to quash the proceedings, at this moment, when the trial has already commenced. In view of the same, the Criminal Original Petition stands dismissed. However, since five witnesses have already been examined, in order to secure the interest of justice, there will be a direction to the learned VIII Metropolitan Magistrate, George Town, Chennai, to complete the trial

within a period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. 19.07.2017 Index : Yes/No Internet : Yes/No mps To

1. The VIII Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, C-3, Seven Wells Police Station (Law & Order), Chennai-600 001.

M.S. RAMESH.J., mps CrlOP.No.13040 of 2017& CrlMP Nos.8484&8485 of 2017 19.07.2017