Madras High CourtCRL OP/2057/2018disposed of

M.Dhanvandhri, v. S.Nandakumar,

2021-04-19Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.No.2057 of 2018 and Crl.M.P.Nos.773 & 774 of 2018 1.M.Dhanvandhri, S/o.B.Masilamani Sub Inspector of Police, Kirumampakkam Police Station, Puducherry.

2.F.D.Lourdunathan, S/o.F.Darwin, Head Constable (Beat Officer No.II), Kirumampakkam Police Station, Puducherry.

... Petitioners/Accused Vs.

S.Nandakumar ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in connection with C.C.No.75 of 2017, pending on the file of the Judicial Magistrate - IV, Puducherry and quash the complaint filed by the respondent herein under Section 200 of Cr.P.C for the offence under Section 324 r/w Sec.34 of I.P.C in C.C.No.75 of 2017 on the file of the Judicial Magistrate - IV, Puducherry against the petitioners/accused as illegal, malafide and void under law. For Petitioners : Mr.P.Veeraraghavan For Respondent : Mr.M.Murugan

O R D E R

This criminal original petition has been filed to call for the records in connection with C.C.No.75 of 2017, pending on the file of the Judicial Magistrate - IV, Puducherry and quash the complaint filed by the respondent herein under Section 200 of Cr.P.C for the offence under Section 324 r/w Sec.34 of I.P.C in C.C.No.75 of 2017 on the file of the Judicial Magistrate - IV, Puducherry against the petitioners/accused as illegal, malafide https://hcservices.ecourts.gov.in/hcservices/

and void under law.

2. The learned counsel for the petitioners submits that though so many grounds available for quashing the complaint, the petitioners may be permitted to raise all these grounds before the Trial Court by dispensing with the personal appearance of the petitioners before the Court below.

3. Taking into consideration the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial Court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings under Section 207 Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C., and on the day on which judgement is to be pronounced. The Trial Court is directed to dispose of the case within a period of three months from the date of receipt of a copy of this order. The petitioners are permitted to raise all the grounds before the trial Court.

4. This Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsk To 1.The Judicial Magistrate - IV, Puducherry.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2057 of 2018 and Crl.M.P.Nos.773 & 774 of 2018 RSI(CO) CB(01/07/2021) https://hcservices.ecourts.gov.in/hcservices/