Madras High CourtCRL OP(MD)/14785/2011dismissed

M.Ramasamy, v. The Deputy Superitendent Of

2018-07-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.14785 of 2011 M.Ramasamy ... Petitioner/Accused-5 Vs.

1. State by Deputy Superintendent of Police, Economic Offence Wing II, Karur. ... Respondent/Complainant

2. G.Nagaraj ... Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records and to quash the charge sheet in C.C.No.69 of 2008 on the file of the Special Judge for TNPID Cases, Madurai.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.A.Robinson, Government Advocate (Crl.sde) for R1 Mr.S.Thirupathi for R2

ORDER

The petitioner seeks quashing of the impugned proceedings in C.C.No.69 of 2008 on the file of the Special Judge for TNPID Cases, Madurai.

2.When the matter was taken up for disposal, the learned Government Advocate (Crl.Side) submitted that as many as 99 witnesses have already been examined. When the trial has substantially progressed, this Court would not be justified in invoking its inherent powers to quash the impugned proceedings. 3.In this view of the matter, this Court is inclined to dismiss this O.P. It is made clear that no findings whatsoever have been given against the petitioner. This Court has not even given any finding that the prima facie case has been made out. This Court has declined to interfere in the matter only on the https://hcservices.ecourts.gov.in/hcservices/

sole ground that as many as 99 witnesses have already been examined and not for any other reason. It is also made clear that the petitioner need not be appear in person on all future hearings. The petitioner shall appear before the Trial Magistrate at the time examination under Section 313 of Cr.Pc and at the time of pronouncement of judgement. Except these occasions, the petitioner can be represented through his counsel. 4.With these observations and relief regarding dispensing with the personal appearance of the petitioner, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Special Judge for TNPID Cases, Madurai.

2. The Deputy Superintendent of Police, Economic Offence Wing II, Karur.

SKM TE/RP/SAR-1 : 06/08/2018 : 2P/3C Crl OP(MD)No.14785 of 2011 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/