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Madras High CourtCRL OP/4315/2020dismissed

M.N.Vijaya Sundaram v. The State Rep By

2020-08-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4315 of 2020 and CRL.M.P.No.2470 of 2020 M.N.Vijaya Sundaram, M/55 years S/o.K.Nataraja Udaiyar No.47, 3rd Cross Kanagasabai Nagar Chidambaram-608 001 Cuddalore District.

... Petitioner/3rd Accused Vs.

1. State Rep. by Inspector of Police Chidambaram Town Police Station Cuddalore District (Crime No.427 of 2017) ..1st Respondent/Complainant

2. Joseph Tenition, M/45 S/o.Francis Xavior No.385, Katcheri Road Kattumanna Koil Taluk Chidambaram, Cuddalore District.

...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in Charge Sheet in PRC No.1/2018 on the file of the Judicial Magistrate No.II, Chidambaram and quash the same insofar a the petitioner is concerned.

For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.S.Karthikeyan for R1 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in PRC No.1/2018 on the file of the Judicial Magistrate No.II, Chidambaram and quash the same insofar as the petitioner is concerned.

2. The learned Additional Public Prosecutor submitted that it is pending for committal for the past two years, only because of the absence of the petitioner herein. He never https://hcservices.ecourts.gov.in/hcservices/

appeared before Judicial Magistrate No.II, Chidambaram and hence, the learned Magistrate, has issued Non-bailable warrant as against the petitioner and it is pending from 22.05.2018.

3. Non-bailable warrant is pending against the petitioner for the past two years. But, the petitioner has filed the present petition suppressing the said fact. Therefore, the petitioner is not entitled for any relief.

4.

Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Chidambaram

2. The Inspector of Police Chidambaram Town Police Station Cuddalore District CRL.O.P.No.4315 of 2020 and CRL.M.P.No.2470 of 2020 MG(CO) GMY(23/09/2020) https://hcservices.ecourts.gov.in/hcservices/