R.Lalithambal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.28619, 23843, 23814 of 2019 and Crl.O.P.Nos.30817, 30818, 30820, 30822 of 2022 and Crl.M.P.Nos.15250, 15252, 12573, 12574, 12550, 12552 of 2019 and Crl.M.P.Nos.18845, 18851, 18855, 18857 of 2022 Crl.O.P.No.28619 of 2019:

R. Lalithambal

...Petitioner / Accused - 20

-Vs1.The State Rep. by The Inspector of Police, Central Crime Branch, EDF-1, Team - 1, Vepery, Chennai - 600 077.

... 1st Respondent / Complainant 2.S.Rajagopalan Senior General Manager, (Finance), Sundaram Fasterners Ltd., Padi, Chennai - 600 050.

... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petitions filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.12 of 2019 on the file of the Judicial Magistrate - I, Poonamallee and to quash the same.Additional Chief Metropolitan Magistrate, Economic Offences - II, Egmore, Chennai and to quash the same.

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For Petitioners : Mr. R. Rajendran (in Crl.O.P.No.28619 of 2019) : Mr. A. V. Varun (in Crl.O.P.No.23814 of 2019) : Mr. J. Arul Prakasam (in Crl.O.P.No.23843 of 2019) : Mr. D. S. Ramesh (in Crl.O.P.Nos.30817, 30818, 30820, 30822 of 2022) For Respondents : Mr. S. R. Raghunathan (in all Crl.O.Ps) COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the proceedings in C.C.No.12 of 2019 on the file of the Judicial Magistrate - I, Poonamalee, Chennai.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that the trial has commenced and out of 53 witnesses, the prosecution had already examined three witnesses. In the facts and circumstances of the case, this Court is not inclined to entertain these quash petitions since the trial has commenced. Accordingly, these 2/5

Criminal Original Petitions are dismissed. Consequently, connected Criminal Miscellaneous Petitions are closed. However, the petitioners are at liberty to raise all the points before the trial Court. 3.Since the petitioners are aged persons and some of them are ladies, the personal appearance of the petitioners before the trial Court is dispensed with, unless the learned Judicial Magistrate - I, Poonamallee, considers their presence necessary for the progress of the trial. 4.Since the case pending from the year 2019, the learned Judicial Magistrate may expedite the trial process and in any event, preferably complete it within a period of six months from the date of receipt of a copy of this order.

27.06.2023 smv Internet: Yes Index : Yes/No Speaking/Non Speaking order 3/5

To, 1 The Inspector of Police, Central Crime Branch, EDF-1, Team - 1, Vepery, Chennai - 600 077.

2.The Judicial Magistrate - I, Poonamallee.

3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN,J.

smv Crl.O.P.Nos.28619, 23843, 23814 of 2019 and Crl.O.P.Nos.30817, 30818, 30820, 30822 of 2022 27.06.2023 5/5