Mahendran, Age 50 v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.9762 of 2018 and Crl.MP.Nos.5009 & 5010 of 2018
1. Mahendran
2. Manickam
3. Kamalakannan
...Petitioners
Vs
1. State rep.by The Inspector of Police, Ammapet Police Station, Salem District.
2. Selvam
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for records and quash the charge sheet in P.R.No.1 of 2018 pending on the file of Judicial Magistrate No.V, Salem District.
For Petitioner : Mr.S.Ayyathurai, Senior Counsel for Mr.Karan and Uday For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor for R1 Ms.Saitanya Kesan for R2
O R D E R
This Criminal Original Petition has been filed to call for records and quash the charge sheet in P.R.C.No.1 of 2018 pending on the file of Judicial Magistrate No.V, Salem District.
2. Though various grounds have been raised in the petition to quash the charge sheet in P.R.C.No.1 of 2018, this Court is of the view that the statements made in the final report may attract some of the offences in the final report and therefore, quash of proceedings at this stage is not required. Nevertheless, it is always open to the petitioners herein to establish their innocence before the Court below at the time of trial.
3. It is further seen that the committal proceedings in the final report is yet to be completed.
4. In the light of the above observations, learned Judicial Magistrate No.V, Salem District, will make endeavour to complete the committal proceedings as expeditiously as possible, in any event, within a period of two months from the date of receipt of a copy of this order. Therefore, no further interference is required to the charge sheet in P.R.C.No.1 of 2018 pending on the file of Judicial Magistrate No.5, Salem District.
5. Accordingly, this Criminal Original Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar mp To 1.The Judicial Magistrate No.V Salem District.
2.The Inspector of Police, Ammapet Police Station, Salem District.
3. The Additional Public Prosecutor, High Court of Madras.
+1 CC to Mr.A.E. Ravichandran, Advocate sr 80378 Crl.O.P.No.9762 of 2018 and Crl.MP.Nos.5009 & 5010 of 2018 RP(CO) SP(25/09/2019)