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Madras High CourtCRL OP/3540/2016dismissed as infructuous

Ganesan v. State Rep. By

2021-02-18Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.3540 of 2016 and Crl.MP.Nos.1808 & 1809 of 2016 1.Ganesan, 2.Kalai Chelvi, 3.Manivel, 4.Nallamuthu, 5.Thangam, 6.Thenmozhi, 7.Valliyammai ... Petitioners/ Accused3 to 9 Vs.

1. State represented by The Inspector of Police, All Women Police Station, Jayamkondam, Ariyalur District, (Crime No.11of 2012) 2.Jayanthi ... Respondent /Complainant 3.

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.241 of 2015 on the file of the learned Judicial Magistrate Jayamkondam pending disposal of the Crl.OP.No.3540 of 2016 on the file of this Court. For petitioner : Mr.T.Muruganantham For R1 : Mr.L.Charles Premkumar Government Advocate For R2 : No Appearance

ORDER

This petition has been filed to quash the proceedings in C.C.No.241 of 2015 on the file of the learned Judicial Magistrate Jayamkondam.

2.The learned counsel for the petitioners has submitted that another civil case is pending before the trial Court. 3.The learned Government Advocate for the 1st respondent has submitted that in the case witnesses have been examined and the matter was posted for cross examination.

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4.Recording the submission made by the learned Government Advocate, the truthfulness of allegation in the case has to be decided by letting in evidence in the trial Court; by invoking the provisions under Section 482 Cr.P.C., the proceedings before the trial Court cannot be quashed. Hence, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn To

1. The Inspector of Police, All Women Police Station, Jayamkondam, Ariyalur District.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3540 of 2016 and Crl.MP.Nos.1808 & 1809 of 2016 A.SK(12.03.2021) https://hcservices.ecourts.gov.in/hcservices/