ATB BOSE Vs. STATE

JUDGEMENT

(1.) Seeking to quash the case in C.C.No.6260 of 2007 pending on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai, the petitioner who is the second accused in the case has come up with this petition.

(2.) This petition originally came up for final hearing before the Hon'ble Mr. Justice C.T.Selvam on 01.12.2009. On hearing both sides, the learned Judge was pleased to quash the said proceedings in so far as the petitioner/second accused is concerned. The first accused has not moved any such petition to quash the case. Challenging the order passed by this Court dated 01.12.2009, the second respondent, who is the defacto complainant in this case had filed Criminal Appeal No.1005 of 2004 before the Hon'ble Supreme Court. The Hon'ble Supreme Court by order dated 13.07.2012, set aside the order of this Court, allowed the appeal and remanded the matter to this Court for fresh hearing in accordance with law. The operative portion of the order of the Hon'ble Supreme Court reads as follows:-

(3.) This matter has been now listed before me as a specially ordered case on the orders of the Hon'ble Chief Justice. I have heard Mr.V.Gopinath, learned Senior Counsel appearing for the petitioner and Mr.M.Maharaja, learned Additional Public Prosecutor appearing for the first respondent and Mr.R.Karthikeyan, learned counsel for the second respondent and I have also perused the records carefully.