SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 36773

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira, J
DURAPANDI – Appellant
Versus
State represented by – Respondent
Crl.O.P.No.2254 of 2026 | Crl.M.P.Nos.1505 & 1508 of 2026



Advocates:
For the Appellants/Petitioners: C.Ezhilarasi
For the Respondents: S.Santhosh

A criminal proceeding cannot be interdicted or quashed once the trial has commenced and charges have been framed, especially when the matter has reached the stage of witness examination.

Headnote:The petitioner filed a petition under Section 528 of Bharatiya Narik Suraksha Sanhita/Section 482 Cr.P.C. seeking to quash proceedings in C.C.No.482 of 2024. The prosecution alleged that the petitioner and his mother cheated victims through a chit scheme, amounting to Rs.12,11,000/-. The court noted that the trial had already commenced and charges had been framed. The primary issue was whether the proceedings should be quashed given the petitioner's claim of innocence and repayment of the amount. The court observed that since the trial had progressed to the stage of examining witnesses, the matter could not be interdicted at this stage and any proof of repayment should be produced before the trial court. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Criminal Original Petition filed under Section 528 of Bharatiya Narik Suraksha Sanhita /Section 482 Cr.P.C., to call for the entire records connected with C.C.No.482 of 2024 pending on the file of the Judicial Magistrate No.II, Poonamallee and quash the charge sheet/final order.

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.482 of 2024, pending on the file of the Judicial Magistrate No.II, Poonamallee.

It is the case of the prosecution that the petitioner, along with his mother, induced the de facto complainant and other victims under the guise of a chit scheme, thereby cheated them to the tune of Rs.12,11,000/-.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and that there were business transactions between his mother and the so called de facto complainant and other victims, who have falsely implicated the petitioner. He further submitted that the petitioner’s mother has repaid the entire amount to the de facto complainant and other victims.

The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the de facto complainant and other victims lodged a complaint stating that the petitioner, along with his mother, induced them to part with money and cheated them. He further submitted that the trial has already commenced, charges have been framed and the case now stands posted to 20.02.2026 for the examination of LW.1 and the case cannot be interdicted at this stage and if at all, the petitioner has repaid the money to the witnesses, it is for him to produce sufficient proof before the Court concerned.

At this juncture, the learned counsel for the petitioner seeks permission to withdraw this petition and also a direction to the trial Court to complete the trial at the earliest, taking into consideration the number of witnesses.

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

Taking into consideration the submissions made by both sides, a direction is issued to the Judicial Magistrate No.II, Poonamallee, to conduct the trial expeditiously and ensure that the same is completed as early as possible.

With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.

05.02.2026

rpl

Neutral Citation: Yes/No

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top