CHINNAPPA Vs. STATE

JUDGEMENT

(1.) NOW , the 8th accused, who is the lone accused in Crime No. 749 of 1997 registered by the first respondent, namely, Inspector of Police, Orathanadu Police Station, Thanjavur District, came forward with this petition under Section 482 Cr.P.C. to quash the Preliminary Registration Case No. 32 of 2013, pending before the learned Judicial Magistrate, Orathanadu.

(2.) THE learned counsel for the petitioner contends that all the accused except the petitioner/A8 have took up their trial before the Special Court at Thanjavur. The star witness of the case P.W.1, who is the second respondent herein has turned hostile. Giving the benefit of doubt on general points Special Judge acquitted the co -accused. Now, the remaining case is pending in P.R.C. No. 32 of 2013 before the committal Magistrate as against the petitioner. The benefit of such acquittal also enure to the petitioner herein. In such circumstances, directing him to undergo the ordeal of criminal trial will be wasting of public time and it will be abuse of process of the Court. Under such circumstances, this Court can exercise its inherent jurisdiction under Section 482 Cr.P.C. and quash such a criminal proceedings. In this connection, the learned counsel for the petitioner cited C.B.I. V. Akilesh Singh ( : AIR 2005 SC 268) and Tamilendi v. State (2008 (2) CTC 153).

(3.) I have considered their submissions, perused the materials on record and also the decisions cited at the bar.