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2026 Supreme(Online)(Mad) 49858
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
R. Sundarrajan – Appellant
Versus
State – Respondent
CRL OP No. 4620 of 2026 | Crl.M.P.Nos.3259 & 3260 of 2026
For the Appellants/Petitioners: Mythili Srinivas
For the Respondents: K. Srinivasan
A petition to quash criminal proceedings cannot be entertained by the High Court once the trial has commenced and witnesses have been examined.
Headnote:The petitioner sought to quash charges framed in a criminal case pending before the Special Court. The court examined the procedural status of the ongoing trial where prosecution witnesses had already been examined. It was determined that once a trial has commenced, a petition to quash proceedings under the relevant procedural law is not maintainable. The core issue was whether a petition for quashing criminal charges is tenable after the commencement of trial proceedings. Relying on established criminal jurisprudence, the court reasoned that the intervention of the High Court in ongoing trials should be avoided once the evidentiary stage has initiated, as the trial court is best suited to evaluate the merits of the case. The Criminal Original Petition was dismissed, and the connected miscellaneous petitions were closed.
| Table of Content |
|---|
| 1. nature of the quashing petition filed. (Para 1) |
| 2. maintainability of quashing petitions post-commencement of trial. (Para 2 , 3) |
PRAYER : Criminal Original Petition filed under Section 528 of BNS Act to call for the records in connection with the charges framed in C.C.No.22/2021 on the file of the Hon'ble XI Additional Special Judge for CBI Cases, chennai and quash the same as far as the petitioner/A3 is concerned.
ORDER
This petition has been filed to call for the records in connection with the charges framed in C.C.No.22/2021 on the file of the Hon'ble XI Additional Special Judge for CBI Cases, chennai and quash the same as far as the petitioner/A3 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.
08-06-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SMA
