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Madras High CourtCRL OP/13164/2022dismissed

S.Prabakaran v. State By Inspector Of Police

2022-07-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d Crl.M.P.Nos.7079 and 7080 of 2022

1. S. Prabakaran

2. M.C.Selvaraj

3. S. Devi

4. S. Sowmiya ...

Petitioners Vs

1. State rep. By The Inspector of Police All Women Police Station

2. B. Kowsika ...

Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.185 of 2022 on the file of the Additional Mahila Court (Magistrate Level), Erode and quash the same. For Petitioners ...

Mr.L.P.Shamugasundaram For Respondents ...

Mr.E.Raj Thilak Additional Public Prosecutor for R.1.

Mr.S.Doraisamy for R.2.

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O R D E R

This Criminal Original Petition has been filed to quash C.C.No.185 of 2022 pending on the file of the Additional Mahila Court (Magistrate Level),

2. Heard Mr.L.P.Shanmugasundaram, learned counsel for the petitioner, Mr.E.Raj Thilak, learned Additional Public Prosecutor for the first respondent and Mr.S.Doraisamy, learned counsel for the second respondent.

3. Today, when the matter is taken up for hearing, Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the first respondent submitted that before the trial Court, the evidence of P.Ws.1 to 3 were already examined.

4. After hearing the submission of the learned Additional Public Prosecutor, this Court is of the view that once trial is already commenced, this Court cannot exercise the power under Section 482 of the Code of Criminal Procedure.

5. Accordingly, this Criminal Original Petition is dismissed. It is for the Page No:2/4

trial Court to appreciate the evidence which has come on record. It is well open to the petitioners to raise all his defence before the trial Court. Consequently, the connected Criminal Miscellaneous Petitions are closed. 11/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

1. The Additional Mahila Court (Magistrate Level), Erode

2. The Inspector of Police All Women Police Station

3. The Public Prosecutor, High Court, Madras. N. SATHISH KUMAR, J Page No:3/4

mvs.

11/7/2022 Page No:4/4