Paul D. Prabhakar vs State - 2026 Supreme(Online)(Mad) 48125

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 48125

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Paul D. Prabhakar – Appellant
Versus
State – Respondent
Criminal Original Petition | C.C.No.40 of 2015 | Crl.M.P.Nos.14897 & 14899 of 2025

Advocates:
For the Appellants/Petitioners: R.C. Paul Kanagaraj
For the Respondents: K. Srinivasan

Important Points

The High Court will generally refuse to exercise its power to quash criminal proceedings once the trial has already commenced, directing the parties to raise all available grounds of defense before the trial court instead.

Subject

Criminal Law - Criminal Procedure

Act Referred

Bharatiya Nagarik Suraksha Sanhita: S.518
Indian Penal Code: S.120B, S.420, S.468, S.471
Prevention of Corruption Act, 1988: S.13(2)

Headnote

The petitioner sought to quash the charges framed under the Indian Penal Code and the Prevention of Corruption Act in an ongoing criminal case. The court noted that the trial proceedings before the lower court had already commenced. Consequently, the court declined to exercise its inherent jurisdiction to quash the proceedings at this stage. The primary issue was whether the criminal proceedings should be quashed despite the trial having already commenced. The court held that since the trial is underway, it is inappropriate to interfere, emphasizing that the petitioner may raise all available legal defenses before the trial court. The Criminal Original Petition was dismissed, with a directive to the trial court to complete the proceedings within six months.

Table of Content
1. court refuses to quash charges once trial has commenced. (Para 1 , 2)

PRAYER: Criminal Original Petition is filed under Section 518 of BNSS to call for the records in C.C.No.40 of 2015 pending trial on the file of Learned XI Addl.Spl.Judge for CBI Cases, Chennai and set aside the framing of charges U/s.120Br/w420,468,471 of IPC and 13(2)r/w13(1)(d) of PC Act,1988, against the Petitioner/A1, order dated 02.07.2025 or pass such other order that this Honble Court.

For Petitioner(s): Mr.R.C.Paul Kanagaraj For Respondent(s): Mr.K.Srinivasan Special Public Prosecutor for CBI Cases for R1

ORDER

This petition has been filed as against the C.C.No.40 of 2015 pending trial on the file of Learned XI Addl.Spl.Judge for CBI Cases, Chennai.

2. When the matter was taken up for hearing, Mr. K. Srinivasan, the learned Special Public Prosecutor for CBI cases appearing on behalf of the 1st respondent, submitted that the trial in this case has already commenced.

3. Recording the submission, this Criminal Original Petition is dismissed.

The trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order. Further, the petitioner is at liberty to raise all available grounds before the trial Court in accordance with law. Consequently, connected miscellaneous petitions are closed.

Click Here to Read the rest of this document