Madras High Court
Mr.Prabhakaran vs The State Rep.By Its on 22 September, 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.19884 of 2023
and Crl.MP.Nos.13514 and 13515 of 2023
Mr.Prabhakaran, M/56
S/o.Sellamuthu
Inspector of Police
Bavani Sagar Police Station
Erode District. .. Petitioner/A1
.Vs.
The State rep.by its
Revenue Divisional Officer
Ariyalur. .. Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
Procedure, to call for the records relating to the impugned Charge Sheet in C.C.No.1
of 2018, on the file of the learned Principal Subordinate Court, Ariyalur insofar as
petitioner concerned and quash the same.
For Petitioner : Mr.M.Dinesh
For Respondent : Mr.A.Gopinath
Government Advocate (Crl. Side)
ORDER
This criminal original petition has been filed to quash the proceedings in
C.C.No.1 of 2018, pending on the file of the Principal Subordinate Court, Ariyalur.
https://www.mhc.tn.gov.in/judis
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2.This Court directed the learned Government Advocate (Crl.side) to take
instructions with respect to the stage of the case that is pending in C.C.No.1/2018
before the Sub Court, Ariyalur.
3.The learned Government Advocate (Crl.side) on instructions submitted that
there are totally six accused persons in this case and that the case was split up
insofar as A6 is concerned and it is pending in C.C.No.1/2019. The learned
Government Advocate (Crl.side) further submitted that trial has already
commenced and PW.1 has already been examined and the case is posted on
25.9.2023 for examination of other witnesses.
4.The petitioner has already approached this Court and filed Crl.OP.No.16662
of 2022 and this Court was not inclined to entertain the petition and accordingly, the
petition was dismissed by an order dated 20.7.2022. In view of the same, there is
no ground to entertain the second quash petition.
5.Taking into consideration, the facts and circumstances of the case, the
presence of the petitioner is dispensed with and he shall be represented by a
counsel, who shall cross examine the witnesses on the same day, they are examined
in Chief. The petitioner shall be present before the Court below as and when
required and at the time of questioning under Section 313 Cr.PC., and also at the
time of passing of the final judgment.
https://www.mhc.tn.gov.in/judis
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6.This criminal original petition is disposed of with a direction to the Court
below to complete the proceedings insofar as the petitioner is concerned in
C.C.No.01 of 2018, within a period of six months from the date of receipt of copy of
this order. Consequently, connected miscellaneous petitions are closed.
22.09.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
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To
1.Revenue Divisional Officer
Ariyalur.
2.Principal Subordinate Court
Ariyalur.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
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N. ANAND VENKATESH,. J.
kp
Crl.O.P No.19884 of 2023
22.09.2023
https://www.mhc.tn.gov.in/judis
