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Madras High CourtCRL OP/11450/2021clarified

Sindhuja v. State Rep. By

2023-04-28Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.Nos.6654 & 6655 of 2021 1.Sindhuja 2.Vivin Prasanna ... Petitioners Vs.

1.State Rep. by Inspector of Police, Karamadai Police Station, Coimbatore District.

2.S.Ponnammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining to the impugned Charge Sheet filed in C.C.No.45 of 2017 on the file of the District Munsif-cum-Judicial Magistrate, Mettupalayam and quash the same For Petitioner : M/s.G.Karthikeyan, Senior Advocate. For Respondent : Mr.S.Balaji, Govt. Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the Charge Sheet filed in C.C.No.45 of 2017, on the file of the District Munsif-cum-Judicial Magistrate, Mettupalayam.

2. When the matter was taken up for hearing the learned Additional Public Prosecutor submitted that out of 11 witnesses cited in the final report 9 witnesses have already been examined. Since the case is in the advanced stage of trial, this Court is not inclined to entertain this quash petition. It is open to the petitioners to raise all their contentions before the Trial Court.

3. However, the presence of the petitioners are dispensed with unless the learned Magistrate deems their presence necessary for the progress of the trial.

4.With the above observations, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. 28.04.2023 Index : Yes/No Internet : Yes/No shr 2/4

To The District Munsif-cum-Judicial Magistrate, Mettupalayam.

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SUNDER MOHAN. J, shr and Crl.M.P.Nos.6654 & 6655 of 2021 28.04.2023 4/4