Madras High CourtCRL OP/7255/2017dismissed

Sampath, M/Aged 51 Years v. The State Rep.By

2021-11-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.7255 of 2017 and Crl.M.P.Nos.5251 & 5252 of 2017 1.Sampath 2.Anjalai

...Petitioners

Vs.

1. The State rep by The Inspector of Police, Cuddalore NT Police Station, Cuddalore.

2.Kalaiselvan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the C.C.No.391 of 2016 pending on the file of the learned Judicial Magistrate No.II, Cuddalore and to quash the same as against the petitioners.

For Petitioner : No appearance For Respondent : Mr.S.Vinoth Kumar Government Advocate for R1 No appearance for R2

O R D E R

This Criminal Original Petition has been filed to call for the records relating to C.C.No.391 of 2016 pending on the file of the learned Judicial Magistrate No.II, Cuddalore and to quash the same as against the petitioners.

2. On perusal of the materials, it is seen that the allegations levelled against the petitioners are causing voluntary and grievous hurt by using dangerous weapons. It requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code In such view of the matter, it is left open to the petitioners to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to https://hcservices.ecourts.gov.in/hcservices/

interfere with the proceedings pending before the Court below, at this stage.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.391 of 2016 pending on the file of the learned Judicial Magistrate No.II, Cuddalore as expeditiously as possible. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msv To

1. The Judicial Magistrate No.II, Cuddalore

2. The Inspector of Police, Cuddalore NT Police Station, Cuddalore.

3. The Public Prosecutor High Court, Madras.

Crl.O.P.No.7255 of 2017 and Crl.M.P.Nos.5251 & 5252 of 2017 CT 07/12/2021 https://hcservices.ecourts.gov.in/hcservices/