Mohammed Sabeer Ahmed v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.27058 of 2023 and Crl.M.P.Nos.18787 & 18789 of 2023 Mohammed Sabeer Ahmed ... Petitioner Vs.

1.State represented by The Sub-Inspector of Police, W24-AWPS Teynampet, Chennai (Crime No.3 of 2019) 2.T.Priya ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.2013 of 2020 pending on the file of the Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai and quash the same.

For Petitioner : Mr.F.Rahman Sheriff For Respondents : Mr.Leonard Arul Joseph Selvam for R1 Government Advocate (Criminal Side) 1/4

O R D E R

The petition is filed to quash the C.C.No.2013 of 2022 pending on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The learned counsel appearing for the Petitioner submitted that inspite of the defacto complainant withdrew her complaint, the investigation was proceeded and final report filed for offences under Section 354A IPC alleging that right from inception, there is a procedural violation adopted by the Respondent police and therefore, the final report has to be quashed.

3. The learned Government Advocate (Criminal Side) on contra submits that the trial in this case has commenced, the victim girl has given a evidence in chief and matter is posted for cross examination of the victim.

4. Since the victim girl has already deposed implicating the Petitioner herein, it is for the Petitioner herein to assail her evidence by way 2/4

of cross examination and by letting in contra evidence. Even if there was any procedural violation in the course of investigation or after completion of investigation or commencement of the trial, those things cannot be taken into consideration to quash the case in which the trial has already commenced.

5. Therefore, this Criminal Original Petition is disposed of with giving liberty to the Petitioner to raise all the points by cross examining the prosecution witnesses and letting in his own evidence. Consequently, connected miscellaneous petitions are closed. 29.11.2023 Index : Yes/No mkn2 To 1.The Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai.

2.The Sub-Inspector of Police, W24-AWPS Teynampet, Chennai.

3/4

3.The Public Prosecutor, High Court, Madras.

4/4

Dr.G.JAYACHANDRAN,J.

mkn2 Crl.O.P.No.27058 of 2023 and Crl.M.P.Nos.18787 & 18789 of 2023 29.11.2023 5/4