Kizerahmed v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16035 of 2015 and Crl.M.P.No.1 of 2015 1.Kizerahmed 2.Zareenabegam 3.Aleef Ahamed 4.Aneesakthar 5.I.Apsarali ... Petitioners Vs.

1.State Rep. by, Inspector of Police, All Women Pollachi Police Station, Pollachi Sub Division, Pollachi, Coimbatore District.

2.Shahina Sultana ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.101 of 2015 [in Crime No.36 of 2014] on the file of the Judicial Magistrate No.I, Pollachi and quash the same in respect of the petitioners are concerned.

For Petitioners:

Mr.P.Kalimuthu For R1 :

Mr.C.Iyyappa Raj, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.101 of 2015 on the file of the Judicial Magistrate Court No.I, Pollachi.

2.The learned counsel for the petitioners submitted that the matrimonial dispute has been given in a criminal colour and the petitioners, who are in-laws of the 2nd respondent, have been falsely implicated in this case.

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3.The learned Additional Public Prosecutor appearing for the 1st respondent submitted that in this case, the trial has already been commenced and LW1 & LW3 have been examined as PW1 and PW2 in chief as well as cross examination. He further submitted that there are totally 10 witnesses, out of which 2 witnesses have been examined.

4.At this stage, the learned counsel for the petitioner seeks permission of this Court to raise all the points before the Court below.

5.In view of the trial has already been commenced, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vv2 To 1.The Judicial Magistrate No.I, Pollachi.

2.Do-Thro'The Chief Judicial Magistrate, Coimbatore.

3.The Inspector of Police, All Women Pollachi Police Station, Pollachi Sub Division, Pollachi, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16035 of 2015 KK(CO) CB(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers