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Madras High CourtCRL OP/1047/2017disposed of

Balasubramani, Aged 60 Years v. Sub Inspector Of Police,

2019-01-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.1047 of 2017 and CRL.M.P.Nos.770 & 771 of 2017 1.Balasubramani 2.Shanthi 3.Kumar ... Petitioners Vs.

1. Sub Inspector of Police Attayampatti Police Station, Salem District.

2. Kannammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in pursuant to the case in S.C.No.158 of 2016 pending on the file of Sessions Judge, Mahila Court, Salem and quash the same.

For Petitioners: Mr.M.Elango For R 1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.R.Marudhachalamurthy

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.158 of 2016, pending on the Sessions Judge, Mahila Court, Salem.

2. The learned Additional Public Prosecutor on instructions would submit that already PW1 to PW3 have been examined in chief and they have also been cross examined by the petitioners. Therefore, the learned counsel submitted that, at this stage, this Court should not interfere with the proceedings. 3.The learned counsel appearing for the 2nd respondent would submit that already six witnesses have been examined by https://hcservices.ecourts.gov.in/hcservices/

the prosecution and there are only ten witnesses, whose names are shown in the final report.

4.In view of the above this Court is not inclined to interfere with the proceedings at this stage. All the points raised by the petitioners can be raised before the Court below and the Court below shall consider the same on its own merits and in accordance with law.

5.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.C.No.158 of 2016 within a period of three months from the date of receipt of a copy of this order.

6.This Criminal Original Petition is disposed of accordingly. Connected Miscellaneous petitions are also closed. rri/rm Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Sessions Judge, Mahila Court, Salem.

2. - Do - Thro:

The Principal Sessions Judge, Salem.

3. The Sub-Inspector of Police, Attayampatti Police Station, Salem District.

4 . The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Marudhachalamurhty, Advocate, S.R.No.4594 +1cc to Mr.M.Elango, Advocate, S.R.No.4715 CRL.O.P.No.1047 of 2017 and CRL.M.P.Nos.770 & 771 of 2017 svi(CO) kak(19/02/2019) https://hcservices.ecourts.gov.in/hcservices/