G.Thiyagarajan v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No.27500 of 2019 & Crl. M.P.Nos.14677 & 14678 of 2019 G.Thiyagarajan ... Petitioner Vs.

1.Union of India rep. by its The Station House Officer, Odiansalai Police Station, Puducherry.

2.Regina Fatima Marie Saint Jacques ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the proceedings in P.R.C.No.05 of 2018 on the file of the Judicial Magistrate II, Puducherry, quash the same in respect of the petitioner alone.

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For Petitioner :

Mr. T.Balamurugan.

For Respondent 1 :

Mr. K.S.Mohan Doss Public Prosecutor (Puducherry) For Respondent 2 :

No Appearance.

O R D E R

The petition is to quash the final report in P.R.C.No.5 of 2018 on the file of the Judicial Magistrate II, Puducherry.

2. When the matter was taken up for hearing, the learned Public Prosecutor (Puducherry) submitted that the case has been committed to the Court of Sessions and numbered as S.C.No.21 of 2019 on the file of the III Additional District Judge, Puducherry. The learned Public Prosecutor (Puducherry) would submit that five witnesses have been examined on the side of the prosecution. The learned Public Prosecutor (Puducherry) would further submit that the quash petition filed by the co-accused in Crl.O.P.No.3851 of 2018 was also dismissed by this Court.

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3. In view of the submissions made by the learned Public Prosecutor (Puducherry) and the fact that the Trial has already commenced and the petition filed by the co-accused has been dismissed by this Court, this Court is not inclined to entertain the quash petition. However, it is open to the petitioner to raise all his contentions before the Trial Court. Accordingly, the petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 06.06.2023 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Judicial Magistrate II, Puducherry 2.The III Additional District Judge, Puducherry 3.The Station House Officer, Odiansalai Police Station, Puducherry.

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SUNDER MOHAN. J, kan Crl.O.P.No. 27500 of 2019 06.06.2023 5/5