Madras High CourtCRL OP/24717/2017dismissed

Tmt.B.Devi, F/A-40 Yrs v. State By

2021-11-29Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.24717 of 2017 and Crl. M.P.No.14284 and 14285 of 2017 Tmt.B.Devi ....Petitioner

Versus

1. State by Inspector of Police Central Crime Branch, XI Team Veppery, Chennai - 600 007 (X Crime No.655 of 2007)

2. Mr.Eswaran Senior Branch Manager Bank of India Housing & Personal Finance Branch Garuda Buildings No.46, Cathedral Road Chennai - 600 006 ....Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the charge sheet in C.C.No.7876 of 2010 on the file of the Metropolitan Magistrate Court (Special) Court CCD/CBCID, Allikulam, Chennai- 3 and quash the proceedings therein insofar as petitioner herein is concerned.

For Petitioner ... Mr.A.Arasu Ganesan For Respondents ... Mr.S.Vinoth Kumar Govt. Advocate(Crl.side) for R1 No appearance for R2

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.7876 of 2010 pending on the file of the Metropolitan Magistrate Court (Special) Court CCD/CBCID, Allikulam, Chennai- 3 https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing on behalf of the first respondent.

3. It is stated by the learned Government Advocate (Crl.side) that out of sixteen witnesses, nine witnesses have already been examined before the trial Court.

4. As the trial Court has already commenced trial and substantial part of witnesses have already been examined, it is within the domain of the trial Court to appreciate the evidence tendered before it and come to a conclusion whether the evidence tendered before it constitute the offence for which the petitioner has been charged.

5. Therefore, this Court is not inclined to exercise the jurisdiction under Section 482 Cr.P.C and accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gpa To

1. The Metropolitan Magistrate Court (Special) Court CCD/CBCID, Allikulam, Chennai- 3

2. The Inspector of Police Central Crime Branch, XI Team Veppery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras - 104.

Crl. O.P. No.24717 of 2017 and Crl. M.P.Nos.14284 and 14285 of 2017 GPL[co] NSK 16/12/2021 https://hcservices.ecourts.gov.in/hcservices/