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Madras High CourtCRL OP/5172/2019dismissed

Sankar v. State Represented By

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5172 of 2019 and Crl.M.P.Nos.2986 & 2985 of 2019 1.Sankar 2.Raja 3.Raman 4.Sanjeev @ Siranjeevi .. Petitioners Vs.

1.State represented by Sub Inspector of Police, Polur Police Station, Thiruvannamalai District.

Crime No.826 of 2017 2.Appadurai .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.3 of 2018 pending on the file of Judicial Magistrate, Polur, Thiruvannamalai District and quash the charge sheet. For Petitioners : Mr.R.Balakrishnan For Respondents : Mr.M.Mohamed Riyaz, for R1 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.3 of 2018 on the file of Judicial Magistrate, Polur, Thiruvannamalai District.

2.The learned Additional Public prosecutor would submit that the trial proceedings are going on. Therefore, it cannot be quashed.

3.It is seen that there are specific allegations as https://hcservices.ecourts.gov.in/hcservices/

against the petitioners to attract the offences under sections 294(b), 323, 324, 506(ii) of IPC. All the points raised by the learned counsel for the petitioners can be considered only during the trial. Therefore, this Court is not inclined to quash the proceedings.

4.Considering the facts and circumstances of the case, the trial Court is directed to dispose of the case within a period of six months from the date of receipt of a copy of this order. The personal appearance of the petitioners 1 and 2 alone is dispensed with and they shall be represented by a counsel after filing appropriate application. The petitioners 1 & 2 shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment.

5.With the above directions, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar raja To 1.The Judicial Magistrate, Polur, Thiruvannamalai District.

2.The Sub Inspector of Police, Polur Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

+2 cc's to Mr.Balakrishnan, Advocate Sr.No.17686 Crl.O.P.No.5172 of 2019 and Crl.M.P.Nos.2986 & 2985 of 2019 MG(CO) CSL/25.04.2019 https://hcservices.ecourts.gov.in/hcservices/