Madras High CourtCRL OP/19959/2024dismissed

Manikandan v. The State Rep By Its,

2025-04-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.19959 of 2024 and Crl.MP.Nos.11608 and 11609 of 2024 1.Manikandan 2.Ravichandran 3.Kamalam 4.Mohanraj 5.Saranya 6.Suganya 7.Kasthuri 8.Aandal ... Petitioners Vs.

1. The State Rep. by The Inspector of Police Sendurai Police Station Sendurai Taluk Ariyalur District (Crime No.458 of 2020) 2.Elavarasi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.43 of 2023, on the file of District Munsif-Cum-Judicial Magistrate, Sendurai, Ariyalur District and quash the same.

For Petitioner : Mr.S.Kamadevan 1/4

For Respondents : Mr.A.Gopinath Govt.Advocate (Crl.Side) - R1 : Mr.A.Rajaperumal for R2

O R D E R

This petition has been filed to quash the proceedings in C.C.No.43 of 2023, on the file of District Munsif-Cum-Judicial Magistrate, Sendurai, Ariyalur District

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent police on instructions, submitted that already the trial has been commenced. The prosecution has examined P.W.1 and P.W.2. Hence, this petition is liable to be dismissed.

3. After commencement of trial, the quash petition cannot be entertained. Hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

4. Considering the age of the petitioners 7 and 8, the personal appearance of the petitioners 7 and 8 are dispensed with and they will be represented by a counsel after filing appropriate application. However, the petitioner shall be present before the Court at the time of furnishing of 2/4

copies, framing charges, questioning under Section 351 of BNSS and at the time of passing judgment.

5. Further, the trial Court is directed to complete the trial within a period of three months from the date of receipt of copy of this Order. 21.04.2025 Vv To 1.The District Munsif cum Judicial Magistrate Sendurai Ariyalur District 2.The Inspector of Police, Sendurai Police Station, Sendurai Taluk, Ariyalur District.

3. The Public Prosecutor, High Court of Madras Chennai 600 104 G.K.ILANTHIRAIYAN, J.

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Vv Crl.O.P.No.19959 of 2024 and Crl.MP.Nos.11608 and 11609 of 2024 21.04.2025 4/4