Madras High CourtCRL OP/19506/2016dismissed

Venkatachalam, Aged 35 Yrs v. Sabapathy

2021-10-06Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.10.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.19506/2016 Crl.MP.No.9133/2016 [Video Conferencing] 1.Venkatachalam 2.Subbramaniyan 3.Rasavalli ... Petitioners

Versus

1.Sabapathy 2.The Sub Inspector of Police Muthandikkuppam Police Station Muthandikkupam Cuddalore District.

... Respondents Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and quash the private complaint in CC.No.62/2016 on the file of the learned Judicial Magistrate No.1, Pandrutti.

For Petitioners :

No appearance For R1 :

Mr.D.Senthil Kumar For R2 :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(1) The matter is repeatedly listed before this Court and there has been no representation on behalf of the petitioners. (2) The present petition has been filed u/s.482 Cr.P.C., seeking to quash CC.No.62/2016 on the file of the learned Judicial Magistrate No.1, Panruti.

(3) Heard Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the 2nd respondent and Mr.D.Senthil Kumar, learned counsel for the 1st respondent/defacto complainant. (4) There was a quarrel between the petitioners and the 1st respondent / defacto complainant on 27.02.2016, resulting in a complaint being lodged, which had been taken cognizance as CC.No.62/2016 for offences u/s.294b, 323, 324 https://hcservices.ecourts.gov.in/hcservices/

and 506[ii] IPC.

(5) Examination of these offences would naturally require examination of facts pertaining to the dispute and which can further be resolved only on the evidence adduced and appreciated. Trial is the only answer.

(6) I would therefore, not keep the present petition on the board of this Court.

(7) Accordingly, the Criminal Original Petition stands dismissed, reverting the parties, viz., the petitioners and the 1st respondent/defacto complainant, back to the Trial Court. I am confident that the learned Judicial Magistrate No.1, Panruti, would afford more than sufficient opportunity to all concerned to advance their respective cases. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar AP To 1.The Judicial Magistrate No.1, Panruti.

2.The Sub Inspector of Police Muthandikkuppam Police Station Muthandikkupam Cuddalore District.

3.The Public Prosecutor High Court, Madras.

+2cc to Mr.D.Senthil Kumar, Advocate, S.R.No.52522 Crl.OP.No.19506/2016 KSM(CO) GN(28/10/2021) https://hcservices.ecourts.gov.in/hcservices/