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Madras High CourtCRL OP/28546/2017dismissed

Aranganathan v. The State Rep.By

2021-11-30Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.28546 OF 2017 AND CRL. M.P.NOS.16183 & 16184 OF 2017 Aranganathan ....Petitioner/ Accused No.2

Versus

1. State represented by The Inspector of Police, Sathuvacheri Police Station, Vellore, Vellore District.

2. Dhanalakshmi ....Respondents/Complainant/ Defacto Complainant 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.241of 2017 on the file of the learned Judicial Magistrate V, Vellore, Vellore District.

For Petitioner ... Mr.M.Sathish Kumar For Respondents ... Mr.S.Vinoth Kumar Government Advocate (Crl.side) for R1 No Appearance for R2

O R D E R

This petition has been filed to quash the final report in C.C.No.241 of 2017 for the offences under Section 379 of IPC.

2. It is stated by the learned Government Advocate (Crl.side) that out of nine witnesses six witnesses have already been examined and the case has been posted before the trial https://hcservices.ecourts.gov.in/hcservices/

Court on 10.12.2021 for examination of remaining witnesses.

3. 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.

4. 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 IX) //True Copy// Sub Assistant Registrar gpa/gba To

1. The Judicial Magistrate V, Vellore, Vellore District

2. Do-thro The Chief Judicial Magistrate, Vellore.

3. The Inspector of Police, Sathuvacheri Police Station, Vellore, Vellore District.

4. The Public Prosecutor Madras High Court Chennai.

Crl. O.P. No.28546 of 2017 and Crl. M.P.Nos.16183 & 16184 of 2017 GPL(CO) PM/13/12/2021 https://hcservices.ecourts.gov.in/hcservices/