The High Court dismissed a Criminal Original Petition seeking to quash a charge sheet in CC.No.1508 of 2019. The court held no irregularity existed as the trial was nearing completion, directing the trial court to dispose of the case within three months.
Petition dismissed for want of irregularity; trial court directed to dispose of the case within three months.
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: 21.12.2021
CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.No.27040 of 2019
& Crl.M.P.Nos.14446, 14447 of 2019
/versus/
Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the charge sheet in C.C.No.1508 of 2019 on the file of the Learned VIII Metropolitan Magistrate Court, at George Town, Chennai.
For Petitioners: Mr.V.Saravana Rengan
For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor
For R2 : No appearance
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.1508 of 2019 pending on the file of the Learned VIII Metropolitan Magistrate Court, at George Town, Chennai, on the ground that, the petitioners were not even called for enquiry. The First Information Report, charge sheet and other documents have been lodged, without any enquiry and the same have to be quashed. Further he submits that there is no
ingredients for Section 323 IPC and there was no records like AR report, Doctor Certificate, Medical Report, Doctor's prescription or whatsoever produced for the same and therefore, the Charge Sheet has to be quashed. The LW-3 to LW-6 are revealing an identical statement and it is not possible for all the witnesses to reveal exactly an identical statement at time of delivering their statement under Section 161(3) of Cr.P.C. It clearly reveals the truth that there is no such incident happened. For all the above said grounds, he wants to quash the charge sheet in C.C.No.1508 of 2019.
2.The learned Additional Public Prosecutor appearing for the first respondent raised objections stating that the investigation agency has properly investigated the case and filed the final report. Based on that, the case was registered in C.C.No.1508 of 2019 and the same is pending before VIII Metropolitan Magistrate Court, George Town, Chennai. He further submitted that six witnesses were examined and their statement were also recorded. With regard to PW-2, chief examination has been completed and cross examination of PW-2 is pending.
3.Heard both sides and perused the materials on record.
4.Considering the fact that the trial is going to be end and the petitioner is also participated in the trial, I do not find any irregularity in filing the charge sheet in C.C.No.1508 of 2019. Hence, the Criminal Original Petition is liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed. If any defence is available with the petitioner, he shall work out his remedy before the trial Court. The trial Court is directed to dispose of the case in C.C.No.1508 of 2019 pending on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai within a period of three months, from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
ari
To:
Chennai – 600 001.
Crl.O.P.No.27040 of 2019
& Crl.M.P.Nos.14446, 14447 of 2019
VSN-II(CO) RGA(06/01/2022)
Mr. Rakesh Babu
Mrs. Santhana Lakshmi
Mr. Mahaveer Chand
The State Rep.
Mr. D. Premkumar
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
