Madras High CourtCRL OP/5587/2022disposed of

Velmurugan v. State Rep By

2022-03-11Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5587 of 2022

1. Velmurugan, S/o.Perumal

2. V.Gnanasekar, S/o.Varadhan

3. K.Amar @ Amaran, S/o.Kumar

4. K.Dhanasekar @ Sivalingam, S/o.Kailasam ` ... Petitioners Vs State by The Inspector of Police, Gingee Police Station, Gingee, Gingee Taluk, Villupuram District.

(Crime No.2615 of 2020) ... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, pleased to issue directions, directing the respondent police to file appropriate application before the Learned Judicial Magistrate, Gingee, Villupuram District in regarding with the petitioners are not required in the above S.T.C.No.156 of 2021 on the file of the Judicial Magistrate, Gingee, Villupuram District by taking note that the petitioners names already deleted from the charge sheet.

For Petitioners: Mr.C.Prakasam For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent police to file appropriate application before the Learned Judicial Magistrate, Gingee, Villupuram District in regarding with the petitioners are not required in the above S.T.C.No.156 of 2021 on the file of the Judicial Magistrate, Gingee, Villupuram District by taking note https://hcservices.ecourts.gov.in/hcservices/

that the petitioners names already deleted from the charge sheet.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that initially the respondent had registered a case in Crime No.2615 of 2020, based on the complaint given by the defacto complainant against 7 accused persons for the offences under Sections 294(b), 323 and 506(i) IPC. However, after completing the investigation, the respondent police had filed the Final Report against A1 to A3.

3. Challenging the said Final Report, the defacto complainant has filed a Protest Petition in Crl.M.P.No.511 of 2021 before the Judicial Magistrate Court, Gingee, Villupuram District and the learned Judicial Magistrate directed the respondent to include the petitioners as accused in this case. If at all, the petitioners are aggrieved, they have to challenge the order passed by the learned Judicial Magistrate, Gingee, Villupuram District in Crl.M.P.No.511 of 2021.

4. In view of the above, this Criminal Original Petition stands disposed of by granting liberty to the petitioners to challenge the order passed by the learned Judicial Magistrate, Gingee, Villupuram District in Crl.M.P.No.511 of 2021. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rgm/arb To

1. The Judicial Magistrate, Gingee, Villupuram District.

2. The Inspector of Police, Gingee Police Station, Gingee, Gingee Taluk, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5587 of 2022 MT(CO) SU(25/03/2022) https://hcservices.ecourts.gov.in/hcservices/