Madras High Court
A.Viswanathan vs State By Inspector Of Police on 25 November, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Crl.O.P.No.25321 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P.No.25321 of 2017
and
Crl.M.P.Nos.14580 & 14581 of 2017
A.Viswanathan ... Petitioner
Vs.
1.State by Inspector of Police,
T-4, Mangadu Police Station,
Kancheepuram District.
2.V.Kumar ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records in S.C.No.46 of 2014 on the file of the learned District
Judge, Mahila Court, Chengalpattu, Kancheepuram District and quash the
proceedings therein as against the petitioner herein.
For Petitioner : No appearance
For R1 : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25321 of 2017
ORDER
This Criminal Original Petition has been filed to quash the proceedings in S.C.No.46 of 2014 on the file of the learned District Judge, Mahila Court, Chengalpattu, Kancheepuram District, as against the petitioner herein.
2.Today, there was no representation on behalf of the petitioner.
3.Heard the learned Government Advocate (Crl. Side) appearing for the 1st respondent and perused the materials available on record.
4.The charges against the petitioner are that the petitioner had kidnapped a minor girl and committed rape on her, against her will and without her consent and also threatened her with dire consequences, thereby, the petitioner has committed the offences under Sections 342, 366(A), 376 and 506(ii) IPC.
Page 2 of 4https://www.mhc.tn.gov.in/judis Crl.O.P.No.25321 of 2017
5.It is an unfortunate case where the charges of serious nature are sought to be quashed. This Court is of the view that the ultimate object of the petitioner to delay the trial has been achieved in this case, indirectly, by filing this quash petition under Section 482 Cr.P.C. before this Court.
When the materials collected by the prosecution clearly make out the charges of serious nature as against the petitioner, this Court is not inclined to quash the same.
6.Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petitions are closed.
7.Considering the fact that the Sessions Case is of the year 2014, the trial Court is directed to expedite the trial in S.C.No.46 of 2014 by recording evidence on a day-to-day basis and shall dispose of the matter expeditiously.
25.11.2021 mkn Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25321 of 2017 N. SATHISH KUMAR, J.
mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To
1.The District Judge, Mahila Court, Chengalpattu, Kancheepuram District.
2.The Inspector of Police, T-4, Mangadu Police Station, Kancheepuram District.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.25321 of 201725.11.2021 Page 4 of 4 https://www.mhc.tn.gov.in/judis