S RAJESH Vs. STATE

JUDGEMENT

(1.) HEARD the arguments of Mr.R.Shanmugasundaram, learned Senior Counsel leading Mr.R.Mukesh Kumar for the petitioner, Mr.Balasubramanian, learned Additional Public Prosecutor for the first respondent and Mr.A.R.L.Sundaresan, learned Senior Counsel leading Mr.B.Natarajan for the second respondent and perused the records.

(2.) THE criminal original petition was filed under Section 482 Cr.P.C., challenging the proceedings pending before the Additional Chief Metropolitan Magistrate, Egmore, Chennai in C.C.No.2878 of 2006 in Crime No.657 of 2002 filed by the Inspector of Police, Central Crime Branch, Chennai - 8. THE matter came up on 01.03.2007 and subsequently admitted on 16.03.2007. THEreafter, under the orders of the Honourable Chief Justice, it came to be posted before this Court. Pending the criminal original petition, an interim stay was granted. Subsequently, on 13.09.2007, the stay was modified and was made applicable only to the petitioner alone and not to the other accused. Pending the criminal original petition, the second respondent got themselves impleaded vide order dated 28.03.2007.

(3.) THE learned Senior Counsel for the respondents placed reliance upon a judgment of this Court in Peter v. S.Yesudhas reported in 1992 CRI.L.J.3123. Reference was made to the following passage found in paragraph 6, which reads as follows: