The Madras High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. for taking a fresh discharge. The Court held the petition devoid of merits as the trial had commenced and prosecution witnesses were already examined.
The Criminal Original Petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.948 of 2019
S.Siva ...Petitioner
Vs.
The Inspector of Police CCB – Vth division Police Station Commissioner of Police, Wing
Vepery- CHENNAI ...Respondent
PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue the direction to the Judicial Magistrate Court at Alandur, Chennai-16 to take the discharge petition dated 08.10.2018 in C.C.No.1275 of 2017 and further proceed as per law.
For Petitioner : Mr.S.Siva, Party -in-Person
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C., to issue the direction to the Judicial Magistrate Court at Alandur, Chennai-16 to take the discharge petition dated 08.10.2018 in C.C.No.1275 of 2017 and further proceed as per law.
2.This Court called for a report from the Judicial Magistrate, Alandur on 26.02.2019. Accordingly, the learned Magistrate sent a report dated 19.03.2019 and revealed that the petitioner filed a discharge petition in C.M.P.No.733 of 2017 and the same was dismissed on 27.03.2018. Thereafter, charge framed on 27.03.2018 as against the petitioner. The prosecution has also examined P.W.1 to P.W.4 and posted the matter for further evidence. At this stage, on 20.02.2019, the petitioner once again filed another discharge petition along with the order in Crl.R.C.No.951 of 2018 dated 27.08.2018.
3.Since the trial has already been commenced and the prosecution has also examined P.W.1 to P.W.4, the learned Judicial Magistrate returned the discharge petition filed by the
petitioner on 20.02.2019. Therefore, the present petition filed by the petitioner is devoid of merits. Hence, liable to be dismissed.
4.Accordingly, this Criminal Original Petition stands
dismissed.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
kas
To.
1.The Judicial Magistrate
Alandur,Chennai
2.The Inspector of Police
CCB – Vth division Police Station
Commissioner of Police, Wing
Vepery- CHENNAI
3.The Public Prosecutor
High Court of Madras
+1cc to Mr.S.Siva,Party-in-Person, S.R.No.28352
Crl.O.P.No.948 of 2019
RRS(27/04/2019)
1 issue framed by the court
Whether a Criminal Original Petition under Section 482 Cr.P.C. for复工 of discharge hearing is maintainable after trial has commenced and prosecution witnesses examined.
1 provisions across 1 enactments
S.Siva
The Inspector of Police CCB – Vth division Police Station Commissioner of Police, Wing Vepery- CHENNAI
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
