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Madras High CourtCRL OP/20058/2015dismissed with liberty

Senguttavan v. State Rep. By

2015-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20058 of 2015 and M.P. Nos.1 & 2 of 2015 Senguttavan

...Petitioner/Accused

Vs

1. State rep. by Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.15 of 2014) ...1st Respondent/Complainant

2. G.Kavitha ...2nd Respondent/ Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the entire records relating to the proceedings in C.C.No.118 of 2014 on the file of learned Judicial Magistrate, Hosur, Krishnagiri District and quash the same. For Petitioner : Mr.B.Gurumurthy For Respondents : Mr.C.Emalias [for R1] Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to call for the entire records relating to the proceedings in C.C.No.118 of 2014 on the file of learned Judicial Magistrate, Hosur, Krishnagiri District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submits that, the prosecution has examined six witnesses and remaining witnesses are to be examined on 03.09.2015. Since trial has commenced, this Court cannot re-appreciate the evidence and quash the prosecution. Hence, this petition is dismissed with liberty to the petitioner to raise all the points before the Trial Court. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ds To

1. The Judicial Magistrate, Hosur, Krishnagiri District.

2. -Do- Through The Chief Judicial Magistrate, Krishnagiri.

3. The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

4. The Public Prosecutor High Court, Madras.

Crl.OP No.20058 of 2015 SV (CO) PSI (28.08.2015) https://hcservices.ecourts.gov.in/hcservices/