Arjun Pandian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17299 of 2015 and Crl.M.P.(MD).No.9293 of 2016 Arjun Pandian .. Petitioner/Respondent Vs.

1. The Sub Inspector of Police, C.C.I.W. Police Station, Sivagangai.

.. Respondent/Petitioner

2. Moorthy Gandhi, Deputy Registrar, Co-operative Society, Sivagangai, Sivagangai District. .. Respondent (2nd respondent impleaded as per order dated 08.12.2015 made in M.P. (MD).No.1 of 2015 in Crl.O.P.(MD).No.17299 of 2015) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to set aside the order passed in Criminal Revision Petition No.1 of 2010 on the file of the District Sessions Judge, Sivagangai, dated 11.02.2015 by allow in this petition and consequence discharge the petitioner as order Crl.M.P No.901/2009 dated 30.10.2009 on the file of the Judicial Magistrate No.II, Sivagangai.

For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side)

ORDER

This petition has been filed to set aside the order passed in Criminal Revision Petition No.1 of 2010 on the file of the District Sessions Judge, Sivagangai, dated 11.02.2015 by allowing this petition and consequently discharge the petitioner as per the order in Crl.M.P No.901/2009 dated 30.10.2009, on the file of the Judicial Magistrate No.II, Sivagangai.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW32 were examined before the trail Court.

https://hcservices.ecourts.gov.in/hcservices/ 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, trial has been commenced and PW1 to PW32 were examined. At this stage, this Court is of the view that this criminal original petition is liable to be dismissed. 4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The District Sessions Judge, Sivagangai

2. The Sub Inspector of Police, C.C.I.W. Police Station, Sivagangai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.A.Balakrishnan,Advocate,SR.No.92396 TM SS/SKN/SAR 3/06.12.2018/2P/5C Crl.O.P.(MD).No.17299 of 2015 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/