This criminal original petition has been filed seeking to quash the First Information Report in FIR.No.RC 1(E)/2012-CBI/EOW/Chennai dated 18.01.2012 on the file of the respondent police.
2. Heard Mr.A.G.Rajakumar, learned counsel appearing for the petitioner and Mr.K.Srinivasan, learned Special Public Prosecutor for CBI Cases appearing for the respondent.
3. The petitioner is arrayed as A8 in the case of Bank Fraud, impersonation and unlawful gain to the tune of Rs.2,55,57,000/-. The contention of the petitioner herein is that one of the accomplice by name Zeenath @ Hasina has turned as an approver and the court has granted pardon to her. Now, the contention of the petitioner is that the approver after obtaining pardon is indulging in similar sought of crime and also she was not traceable when, a re-call petition is filed to examine her in the course of the trial. Hence, the criminal prosecution should be quashed.
4. Mr.K.Srinivasan, learned Special Public Prosecutor (CBI Cases) appearing for the respondent submitted that nearly 33 witnesses including Investigating Officer have been examined and the petition to recall some of the witness is pending before the trial Court. At this stage, there is no question of quashing the prosecution. Further, it is submitted by the learned Special Public Prosecutor that during the course of trial, several incriminating evidences have been placed against this petitioner and the subsequent conduct of the accomplice who turned approver will have no bearing in the present prosecution.
5. This Court agrees with the submissions made by the learned Special Public Prosecutor. Since enough evidences have been available against the petitioner, the prosecution has filed the final report against this petitioner and the trial Court has also taken cognizance and commenced the trial. It appears that the trial is commenced and material evidences against this petitioner have already been placed by the prosecution through the witnesses. Therefore, it is open to the petitioner to participate in the trial, put forth his defence and prove his innocence. Filing a petition under Section 482 of Cr.P.C., to quash the case is not the remedy available to him.
6. Hence, this criminal original petition is dismissed at the SR stage itself. Consequently, connected miscellaneous petition is closed.
14.09.2017 Speaking / Non Speaking Index : Yes/No Internet : Yes / No cgi/ari To
1. Inspector of Police, CBI/EOW/Chennai.
2. The Special Public Prosecutor (for CBI Cases) High Court, Madras.
Dr.G.JAYACHANDRAN, J., cgi/ari Crl.O.P.No.SR37407 OF 2017 and Crl.M.P.No.10937 of 2017 14.09.2017