P.V.Suresh Babu, Aged 41 Years v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.258 of 2017 Crl.M.P.Nos.186 and 187 of 2017 P.V.Suresh Babu .. Petitioner Vs The State of Tamil Nadu Represented by its Inspector of Police, Crime Branch CID, Head Quarters, Guindy, Chennai - 600 032 .. Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to final report filed in C.C.No.9966 of 2009 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai, quash the same.

For Petitioner :Mr.V.Prakash Senior Counsel for Mr.K.Sudaikannu For Respondent :Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed challenging the proceedings in C.C.No.9966 of 2009 before the XI Metropolitan Magistrate Court, Saidapet.

2.When the matter came up for hearing on 19.01.2021, this Court passed the following order:

The learned Government Advocate (Crl. Side) appearing on behalf of respondent Police submitted that the petitioner along with another accused person had earlier filed a Crl.OP.No.29518 of 2015 and the same was dismissed by this Court by an order dated 29.01.2016. Therefore, the learned Government Advocate objected to the maintainability of the present petition.

2. The learned counsel appearing on behalf of the petitioner shall take instructions in this regard and report before this Court.

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3. Post this case under the caption ''for orders'' on 27.01.2021.

3.Mr.V.Prakash, learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner was not aware about the earlier order passed by this Court and he never instructed any counsel to file a quash petition on the earlier occasion.

4.In the considered view of this Court, this Court has passed a detailed order dismissing the earlier quash petition filed by the petitioner. If the petitioner has not engaged any counsel to file such a quash petition, it is for the petitioner to work out his remedy, in the manner known to law and that cannot be a ground to entertain yet another quash petition filed by the petitioner.

5.In view of the above, this criminal original petition is closed. Consequently, connected miscellaneous petitions are closed.

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

1. The XI Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, Crime Branch CID, Head Quarters, Guindy, Chennai - 600 032.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.258 of 2017 Crl.M.P.Nos.186 and 187 of 2017 A.SK(17.02.2021).

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