Nathaniyel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Crl.O.P.No.10715 of 2022 & Crl.M.P.Nos.6338 & 6340 of 2022 1.Nathaniyel 2.Samuvel 3.Immanuvel 4.Pirakasam Mary 5.Lazar 6.Sobiya 7.Sekar @ Susai Jayaraj .. Petitioners Vs.

1.State rep. by The Inspector of Police, Chetpet Police Station, Thiruvannamalai District. 2.Johnson .. Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records relating to the impugned charge sheet in S.C.No.04 of 2019 on the file of the Chief Judicial Magistrate, Thiruvannamalai and Quash the same. For Petitioners : M/s.R.Sivaraman For Respondents : Mr.R.Murthy Government Advocate (Criminal Side)

O R D E R

This petition has been filed to quash the charge sheet in S.C.No.04 of 2019 on the file of the Chief Judicial Magistrate, Tiruvannamlai.

2. The learned counsel for the petitioners would submit that this case has been falsely foisted against the petitioners and the name of the petitioners have not been found in the F.I.R and hence, the charge sheet against the petitioners has to be quashed.

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3. Heard both sides and perused the records available.

4. The statements recorded from the witnesses clearly shows that the charge sheet has been filed as there is specific overtact against the petitioners. It is seen from the record that the Chief Judicial Magistrate, Thiruvannmalai took the case on file in S.C.No.04 of 2019, framed charges, commenced trial and the examination of PW1 is also completed. Under these circumstances, there is no reason to quash the charge sheet against the petitioners. However, learned counsel for the petitioners would submit that two of the petitioners are teachers by profession and hence, their personal appearance may be relaxed.

5. After giving due consideration to the aforementioned facts, this Court directs the Trial Court to complete the trial before first week of June on day to day basis as in the month of May, there is vacation for schools and the petitioners are directed to appear before the Trial Court on every hearings without fail and cooperate for trial

6. With the above directions, this Criminal Original Petition for quashing the charge sheet in S.C.No.4 of 2019 is dismissed and the connected miscellaneous petitions are closed. Sd/- Vacation Officer //True Copy// Sub Assistant Registrar nl/jai To 1.The Chief Judicial Magistrate, Tiruvannamalai.

2.The Inspector of Police, Chetpet Police Station, Thiruvannamalai District. 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Sivaraman, Advocate, S.R.No.31091 Crl.O.P.No.10715 of 2022 MG(CO) SB(16/05/2022) https://hcservices.ecourts.gov.in/hcservices/