Madras High CourtCRL OP(MD)/8666/2016dismissed

Thamburaanthanumalaiyan v. The Inspector Of Police

2020-01-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.8666 of 2016 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.8666 of 2016 and Crl.M.P.(MD)No.4216 of 2016 Thamburaanthanumalaiyan ... Petitioner/3rd Accused Vs.

1. The State through the Inspector of Police, Commercial Crime Investigation Wing(CCIW), Nagercoil. ... 1st Respondent/Complainant

2. The Deputy Registrar of Cooperative Societies, Nagercoil, Kanyakumari District. ... 2nd Respondent/Defacto complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the charge sheet in C.C.No.4 of 2015 on the file of the learned Judicial Magistrate No.II, Tirunelveli and to quash the same as illegal.

For Petitioner : Mr. K.R.Laxman For Respondents: Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The petitioner is figuring as third accused in C.C.No.4 of 2015 on the file of the Judicial Magistrate No.II, Tirunelveli, for the offences under Sections 406, 408, 467, 468, 471, 477(A) r/w. 34 of I.P.C.

2. This criminal original petition has been filed in the year 2016. When the matter was taken up for final disposal, the learned Government Advocate(Crl.Side) pointed out that the trial has not only commenced but also substantially progressed. Out of 31 witnesses, 26 witnesses have already been examined. They have also been cross examined. Therefore, in view of the commencement of trial, I am not in a position to exercise the inherent jurisdiction of this Court under Section 482 of Cr.P.C.

3. Leaving open all the petitioner's contentions and defences, the criminal original petition stands dismissed. It is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8666 of 2016 and made clear that this Court has not gone into the merits of the matter. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate No.II, Tirunelveli.

2.The Inspector of Police, Commercial Crime Investigation Wing(CCIW) Nagercoil.

3.The Deputy Registrar of Co-operative Societies, Nagercoil, Kanyakumari District.

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

+1 CC to Mr.K.R.LAXMAN, Advocate ( SR-303[F] dated 06/01/2020 ) Crl.O.P.(MD)No.8666 of 2016 03.01.2020 KM/(19.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2