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TMI Blog2020 (7) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... uch, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C. In view of the above discussion, the quash petition cannot be entertained at this stage and this Court is not inclined to quash the proceedings on the file of Additional Chief Metropolitan Magistrate, Egmore (E.O-II), Allikulam Road, Chennai. The petitioner is at liberty to raise all the grounds before the trial Court. The personal appearance of the petitioner is dispensed with and she shall be represented by a counsel after filing appropriate application. - Crl.O.P.No.3252 of 2017 and Crl.M.P.Nos.2346 and 2347 of 2017 - - - Dated:- 16-7-2020 - HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN For Petitioner : Mr. P. Rameshkumar For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn by the petitioner/accused alleging that inspite of the exemption, it was obligatory on the part of the petitioner/accused to file return of income and then claim exemption. Hence the petitioner/accused has filed this petition to quash all further proceedings in EOCC No.161 of 2016. 3. The learned Special Public Prosecutor would submit that the trial has already been commenced and some of the prosecution witnesses have already been examined and the case is posted for further evidence on the side of the prosecution. 4. Heard Mr.P.Ramesh Kumar, learned counsel appearing for the petitioner and Mr.L.Murali Krishnan, learned Special Public Prosecutor appearing for the respondent. 5. It is relevant to rely upon the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 of Cr.P.C., the High Court has recorded findings on several disputed facts and allowed the petition. Defence of the accused is to be tested after appreciating the evidence during trial. The very fact that the High Court, in this case, went into the most minute details, on the allegations made by the appellant-C.B.I., and the defence putforth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C. 20. In our view, the assessment made by the High Court at this stage, when the matter has been taken cognizance by the Competent Court, is completely incorrect and uncalled for. 7. Further the Hon'ble Supreme Court of India also held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to quash the proceedings in EOCC No.161 of 2016 on the file of Additional Chief Metropolitan Magistrate, Egmore (E.O-II), Allikulam Road, Chennai. The petitioner is at liberty to raise all the grounds before the trial Court. The personal appearance of the petitioner is dispensed with and she shall be represented by a counsel after filing appropriate application. However, the petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. However, considering that the EOCC is of the year 2016, the trial Court is directed to complete the trial within a period of six months from the date of receipt of copy of this Order. 9. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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