Munusamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 6/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Criminal Original Petition No.10199 of 2022 a n d Criminal Miscellaneous Petition No.6042 of 2022

1. Munusamy ..1st Petitioner/1st Accused

2. Palaiyur Mani ..2nd Petitioner/2nd Accused

3. Sivagami ..3rd Petitioner/3rd Accused

4. Baranitharan ...4thPetitioner/4th Accused Vs

1. The Inspector of Police Karimangalam Police Station Dharmapuri District.

.. Respondent/Complainant

2. Nagarani ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the proceedings in C.C.No.11 of 2022 pending on the file of the learned Judicial Magistrate Court, Palacode.

For Petitioner ...

Mr.P.Muthamizh Selvakumar For Respondent ... Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1.

- - - - -

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.11 of 2022 pending on the file of the learned Judicial Magistrate Court, Palacode.

2.

Heard Mr.P.Muthamizh Selvakumar, learned counsel appearing for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.

3. On going through the final report, this Court is of the view that same require appreciation of evidence. All factual aspects raised before this Court cannot be decided by this Court as trial Court.

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4. Accordingly, this Criminal Original Petition is dismissed.

5. At this stage, the learned counsel appearing for the petitioners seek indulgence of this Court to dispense with the personal appearance of the petitioners before the trial Court.

6. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners before the Trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. They shall be represented by a counsel, who shall cross examine the witnesses on the same day, when they are examined in Chief. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mvs.

To

1. The Judicial Magistrate Court, Palacode.

2. The Inspector of Police Karimangalam Police Station Dharmapuri District.

3. The Public Prosecutor High Court Madras.

+1 cc to Mr.P.Muthamizh Selvakumar, Advocate Sr.NO. 32689 Crl. O.P. No. 10199 of 2022 ssm(CO) A.SK(17/06/2022) https://hcservices.ecourts.gov.in/hcservices/