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Madras High CourtCRL OP/4081/2017dismissed

S.Aronkumar, M/A-74 v. The State Rep.By

2020-07-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2020

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.4081 of 2017 1.S.Aronkumar 2.Rajammal 3.Joyasoloman ... Petitioners Vs.

1.The State Rep.by Inspector of Police, District Crime Branch, Erode.

2.A.G.Ravi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the case in C.C.No.119 of 2012 on the file of the Judicial Magistrate No.III, Erode as against the petitioners herein.

For Petitioners : No representation For Respondents : Mr.K.Prabhakar, Additional Public Prosecutor for R1 Mr.S.Suresh for R2

O R D E R

The petitioners, who were arrayed as A2, A4 and A5 in C.C.No.119 of 2012 pending before the Judicial Magistrate No.III, Erode had filed this quash petition.

2. The learned counsel for the petitioners submits that the case as against the co-accused A1 and A3 was quashed in Crl.OP.No.14861 of 2013, dated 30.01.2014 and hence, he seeks for quashing of this petition.

3. The learned Additional Public Prosecutor submits that in this case totally there are 6 accused. Initially the case was registered and charge sheet was filed before the Judicial Magistrate No.III, Erode in C.C.No.119 of 2012, thereafter, the same was transferred to the file of Chief Judicial Magistrate, Erode in C.C.No.537 of 2013. After full-fledged trial, the trial https://hcservices.ecourts.gov.in/hcservices/

Court had acquitted all the accused in this case by judgment dated 07.09.2017. He further submits that it is seen from the above judgment that the case as against A1 and A3 have been quashed by this Court on 30.01.2014 and hence, A2, A4, A5 and A6 have been acquitted from C.C.No.537 of 2013. The petitioners herein are A2, A4 and A5, since the petitioners have already been acquitted by the trial Court, the prayer sought for in this petition has become infructuous.

4. Recording, the above submission nothing survives for adjudication in this petition. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ms To 1.The Judicial Magistrate No.III, Erode.

2.The Chief Judicial Magistrate, Erode.

3.The Public Prosecutor, High Court, Madras.

4.The Inspector of Police, District Crime Branch, Erode.

Crl.O.P.No.4081 of 2017 VS(CO) RMP(01/09/2020) https://hcservices.ecourts.gov.in/hcservices/