Madras High CourtCRL OP(MD)/6348/2022dismissed

Boni K Xavier v. The Inspector Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.6348 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6348 of 2022 Boni K Xavier

...Petitioner/Sole Accused

Vs.

1.The State through The Inspector of Police, Aundipatti Police Station, Theni District.

(Crime No.11 of 2013) ...1st Respondent/De jure Complainant

2. Kosamattam Finance Company ...2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records connected with the case in C.C No. 196 of 2016 pending on the file of the Learned Judicial Magistrate, Aundipatti and quash the same.

For Petitioner : Mr.N.Raja For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) for R1

ORDER

This Criminal Original Petition has been filed to quash the case in C.C No. 196 of 2016, pending on the file of the learned Judicial Magistrate, Aundipatti.

2.The learned Additional Public Prosecutor submitted that in C.C No. 196 of 2016, on the file of the learned Judicial Magistrate, Aundipatti, already trial was commenced. In this case, PW1 has been examined and posted for examination of PW2.

3.Once the trial has commenced, there is no question of quashment of proceedings. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6348 of 2022 Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate, Aundipatti, Theni District.

2. The Inspector of Police, Aundipatti Police Station, Theni District.

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

ORDER IN Crl.O.P.(MD)No.6348 of 2022 06.04.2022 sb(CO) GC(06.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2