S.Anandhan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2022
CORAM:
THE HONOURABLE MS JUSTICE R.N.MANJULA Crl.O.P.No.27310 of 2022 and Crl.M.P.Nos.16809 and 16813 of 2022 S.Anandhan
...Petitioner
Vs.
State by The Inspector of Police, Civil Supplies CID, Coimbatore, Coimbatore District.
(Cr.No.138 of 2012)
...Respondent
Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records concerned in C.C.No.1306 of 2019 on the file of the learned Judicial Magistrate -IV, Coimbatore District and quash the same in so far as the petitioner is concerned. For Petitioner : Mr.C.Prakasam For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor 1/4
O R D E R
This Criminal Original Petition is filed to call for the entire records in C.C.No.1306 of 2019 on the file of the learned Judicial Magistrate -IV, Coimbatore District and quash the same in so far as the petitioner is concerned.
2. The learned counsel for the petitioner would submit that the petitioner has been charged for the offences under Section 6 (4) of TNSC (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of E.C. Act in Crime No.138 of 2012 and charge sheet has been filed in C.C.No.1306 of 2019 before the Judicial Magistrate - IV, Coimbatore without any valid materials. Hence, the said proceeding is liable to be quashed.
3. The learned Additional Public Prosecutor appearing for the respondent would submit that subsequent to the filing of the charge sheet in C.C.No.1306 of 2019, trial has commenced.
2/4
4. Hence, the petitioner is at liberty to put forth his contention now made in this petition as his defence before the trial Court.
5. With the above observation, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. 09.11.2022 vum Index:yes/No Speaking order / Non speaking order 3/4
R.N.MANJULA,J.
vum To 1.The Inspector of Police, Civil Supplies CID, Coimbatore, Coimbatore District.
2. The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.27310 of 2022 and Crl.M.P.Nos.16809 and 16813 of 2022 09.11.2022 4/4