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2025 DAILYLAW 30527 (MAD)

Y.FRANCIS XAVIER v. R.SARAVANA KUMAR

CRL OP/7075/2025 · 2025-03-12

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.7075 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7075 of 2025 and Crl.M.P.Nos.4502 and 4568 of 2025 Y.Francis Xavier ... Petitioner Vs R.Saravana Kumar ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records in connection with S.T.C No.143 of 2017 on the file of the Learned Judicial Magistrate Court-II, at Pondicherry and quash the same, in so far as the petitioner in concerned. For Petitioner : Mr.M.Vijaya Ragavan ORDER This Criminal Original Petition has been filed to quash the proceeding in S.T.C No.143 of 2017 on the file of the Learned Judicial Magistrate Court-II, at Pondicherry. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7075 of 2025 2. Heard the learned counsel for the petitioner and perused the materials placed on record. 3. It is seen that already the trial has been commenced. After commencement of trial, the quash petition cannot be entertained. 4. Therefore, this Court is not inclined to quash the proceeding in S.T.C No.143 of 2017 on the file of the Judicial Magistrate Court-II, at Pondicherry. However, the personal appearance of the petitioner is dispensed with and he shall be represented by a counsel after filing appropriate application. However, the petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 351 of BNSS and at the time of passing judgment. The Trial Court is directed to complete the Trial in S.T.C No.143 of 2017, within a period of three months from the date of receipt of a copy of this order. 5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petitions are closed. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7075 of 2025 12.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.7075 of 2025 G.K.ILANTHIRAIYAN. J, mn To 1. The Judicial Magistrate Court-II, at Pondicherry. 2. The Public Prosecutor, High Court, Madras. Crl.O.P.No.7075 of 2025 12.03.2025 https://www.mhc.tn.gov.in/judis