Madras High CourtCRL OP/25759/2017dismissed

K.Ramesh Kesav, M/A-45 Years v. State Through

2021-12-13Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 13.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.25759 of 2017 and Crl.M.P.No.14841 of 2017 K.Ramesh Kesav . . .Petitioner

Versus

1.State through The Inspector of Police, District Crime Branch (Vellore), Vellore District.

2.R.Prabakaran . . . Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to pass an order quashing the proceedings in C.C.No.414 of 2017 now pending on the file of the Learned Judicial Magistrate No.II, at Vellore.

For Petitioner : Mr.R.Ganeshkumar For Respondents : Mr.R.Kishore 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 final report in C.C.No.414 of 2017, filed against the accused, for the offences punishable under Sections 467, 468, 467 r/w.471, 468 r/w. 471 and 420 IPC r/w.120 (b) of the Indian Penal Code, pending on the file of the learned Judicial Magistrate No.II, at Vellore.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) for the first respondent. There was no representation on behalf of the https://hcservices.ecourts.gov.in/hcservices/

second respondent. Perused the materials available on record. 3.After hearing the submissions, when this Court is about to dismiss this Criminal Original Petition, learned counsel appearing for the petitioner seeks indulgence of this Court to dispense with the personal appearance of the petitioner.

4. In such view of the matter, this Court is of the view that, quashing of the case in C.C.No.414 of 2017, cannot be considered at this point of time. Accordingly, this Criminal Original Petition is dismissed. The personal appearance of the petitioner/accused before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. It is very well open to the petitioner/accused to raise all his defence before the trial Court. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar psa/mvs To 1.The Judicial Magistrate No.II, Vellore.

2.The Inspector of Police, District Crime Branch (Vellore), Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Ganesh Kumar, Advocate SR.No.67130 Crl. O.P. No.25759 of 2017 JPL(CO) GN(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/