Anthony Doss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15995 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Anthony Doss ..Petitioner/Accused No.1 Vs.

1.The Inspector of Police, Commercial Crime Investigation Wing, CID, Thiruchirapalli ..Respondent/complainant 2.A.Planivel Deputy Registrar of Co Operative Society Trichy ..2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records vide C.C.No.5 of 2011 pending on the file of the Judicial Magistrate No.II, Trichy and to quash the same as against this petitioner herein.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.V.Neelakandan, APP No.1

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.5 of 2011 pending on the file of the Judicial Magistrate No.II, Trichy.

2.The learned Additional Public Prosecutor would submit that in this case, the trial has been commenced and P.Ws.1 to 3 were examined as prosecution witnesses.

3.It is seen from the records that no ground is raised by the learned counsel for the petitioner to quash the criminal proceedings against him. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Additional Public Prosecutor, in this case, trial has been commenced and P.Ws.1 to 3 were examined. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned Judicial Magistrate No.II , Trichy is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the trial Court.

consequently connected miscellaneous petitions are closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate No.2, Trichy

2. The Inspector of Police, Commercial Crime Investigation Wing, CID, Thiruchirapalli 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.C.Herold Singh, Advocate, SR.No.86963 Crl.O.P.(MD).No.15995 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 26.09.2018 aav KK/RSK/SAR-2/15.11.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/