Madras High CourtCRL OP/20679/2023disposed of

Ramakrishnan v. State By

2023-09-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Ramakrishnan .. Petitioner

Versus

1. Stated by Inspector of Police, Periyanayakanpalayam Police Station, Coimbatore District, Cr.No.32 of 2014.

2. T.Ashokkumar .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with C.C.No.2097 of 2019 against the petitioner on the file of the learned V Judicial Magistrate, Coimbatore and quash the same. For Petitioner : M/s.U.Anunitha For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/4

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.2097 of 2019 pending on the file of the learned Judicial Magistrate No.V, Coimbatore.

2. The petitioner had filed a quash petition in Crl.O.P.No.20702 of 2020 and the same was dismissed by an order, dated 05.07.2022. This quash petition was filed on the ground that the petitioner has compromised the dispute with the de-facto complainant. To substantiate the same, the order passed by the State Consumer Disputes Redressal Commission, dated 15.07.2021 was placed before this Court. This order was available even when the earlier quash petition was dismissed by this Court on 05.07.2022.

3. In view of the fact that the earlier quash petition was dismissed by considering the merits of the case, it will not be appropriate for this Court to entertain the second quash petition. It is left open to the petitioner to raise all the grounds before the Court below and the same will be considered on its own merits and in accordance with law.

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4. Accordingly, this Criminal Original Petition is disposed off with a direction to the Court below to complete the proceedings in C.C.No.2097 of 2019 within a period of three months from the date of receipt of a copy of this order.

20.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate No.V, Coimbatore.

2. The Inspector of Police, Periyanayakanpalayam Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 20.09.2023 4/4