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2026 Supreme(Online)(Mad) 49857
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Sundarrajan – Appellant
Versus
State – Respondent
CRL OP No. 4615 of 2026 | Crl,M.P.Nos.3256 & 3257 of 2026
For the Appellants/Petitioners: Mythili Srinivas
For the Respondents: K. Srinivasan
A petition to quash criminal charges cannot be entertained after the trial has commenced and witnesses have been examined.
Headnote:The petitioner sought to quash charges in a criminal case pending before the Special Judge for CBI Cases under Section 528 of the Bharatiya Nyaya Sanhita (BNS) Act. The court examined the status of the proceedings at the trial court. The core issue was whether criminal proceedings should be quashed after the trial has already commenced and prosecution witnesses have been examined. The court held that once the trial is underway, such petitions cannot be entertained. The criminal original petition is dismissed.
| Table of Content |
|---|
| 1. nature of the relief sought in the petition. (Para 1) |
| 2. status of the ongoing trial proceedings. (Para 2) |
| 3. prohibition of entertaining quash petitions after trial commencement. (Para 3) |
PRAYER : Criminal Original Petition filed under Section 528 of BNS Act to call for the records in connection with the charges framed against in C.C.No.6/2021 on the file of the Hon'ble XI Additional Special Judge for CBI Cases, chennai and quash the same as far as the petitioner/accused No.5 is concerned.
ORDER
1. This petition has been filed to call for the records in connection with the charges framed against in C.C.No.6/2021 on the file of the Hon'ble XI Additional Special Judge for CBI Cases, chennai and quash the same as far as the petitioner/accused No.5 is concerned.
2. When the matter is taken up for hearing, the learned Special Public Prosecutor submitted that already trial in this case has been commenced and the prosecution has examined P.W1 to P.W3.
3. In view of the above, , after commencement of trial, quash petition cannot be entertained and accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
