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[Cites 7, Cited by 0]

Madras High Court

Ramakrishnan vs The State Represented By on 5 May, 2023

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                Crl.O.P.No. 10496 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 05.05.2023

                                                        CORAM:

                                  THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.O.P.No. 10496 of 2023


                     Ramakrishnan                                                    ... Petitioner

                                                            Vs.

                     1. The state represented by
                       Inspector of Police,
                        Central Crime Branch-I,
                        Chennai.

                     2. Ramakrishnan

                     3.Navaneetham

                     4.Magesh                                                        ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     direct the Metropolitan Magistrate-II, Special Court for exclusive trail of the
                     Land Grabbing Cases, Chennai in C.C.No.118 of 2022 to expedite and
                     complete the trial within a stipulated time.
                                           For Petitioner         : Mr.K.Pragadeesh Kumar
                                           For R1                 : Mr.S.Santhosh
                                                                    Government Advocate (Crl.Side)




https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No. 10496 of 2023



                                                           ORDER

This Criminal Original Petition has been filed to direct the learned Metropolitan Magistrate-II, Special Court for exclusive trail of the Land Grabbing Cases, Chennai in C.C.No.118 of 2022 to expedite and complete the trial within a stipulated time.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.33 of 2020 for the offences under Sections 419, 465, 467, 466, 34 and 109 of IPC, as against the petitioner and filed charge sheet in C.C.No.118 of 2022 before the Metropolitan Magistrate-II, Special Court for exclusive trail of the Land Grabbing Cases, Chennai. Hence he prayed to quash the same.

3. The learned Government Advocate (Crl.Side) would submit that there are specific allegations as against the petitioner to attract the offence under Sections 419, 465, 467, 466, 34 and 109 of IPC. Therefore, he https://www.mhc.tn.gov.in/judis Crl.O.P.No. 10496 of 2023 prayed to dismiss this petition.

4. Heard the learned counsel appearing for the petitioner and learned Government Advocate (Crl.Side) appearing for the first respondent.

5. It is seen from the charge there are specific avernments to attract the offences as against the petitioner. Further it is also seen that there are materials to connect the petitioner to the offences. More over all the points raised by the petitioner has to be considered only during the trial. The petitioner at liberty to raise all the points before the Court below during the trial.

6. In view of the above discussion, this Court is not inclined to quash the proceedings in C.C.No.118 of 2022. However, considering the case is of the year 2022, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of copy of this Order.

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 10496 of 2023 G.K.ILANTHIRAIYAN, J.

mpa/rri

7. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

05.05.2023 Index: Yes/No Internet:Yes/No Speaking/Non-speaking Order mpa To

1. The Metropolitan Magistrate-II, Special Court for exclusive trail of the Land Grabbing Cases, Chennai.

2. The Inspector of Police, Central Crime Branch-I, Chennai.

3. The Public Prosecutor, High Court, Chennai.

Crl.O.P.No. 10496 of 2023 https://www.mhc.tn.gov.in/judis