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Madras High CourtCRL OP/4875/2017dismissed

S.Muthusamy, Aged 57 Yrs 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.4875 OF 2017 AND CRL.M.P.NOS.3640 & 3641 OF 2017

1. S.Muthusamy

2. Sudha

3. Valliammai

4. C.Selvi ... Petitioners .Vs.

1. The State, Rep. by The Inspector of Police, Maruvathur Police Station, Perambalur District, Crime No.330/2015

2. Subarmani ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.330 of 2015 on the file of learned Judicial Magistrate Court, Perambalur and Perambalur District and quash the same. For Petitioner : Mr.C.D.Johnson For Respondents : Mr.S.Vinoth Kumar Government Advocate for R1

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.330 of 2015 on the file of learned Judicial Magistrate Court, Perambalur and quash the same.

2. The grounds raised by the counsel for the petitioners are all factual in nature and it requires appreciation of evidence https://hcservices.ecourts.gov.in/hcservices/

and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code in fact the final report has been filed for various offences including the materials collected by the Investigation Officer clearly indicate that grievous hurt was caused by the parties which is punishable under Section 326 of I.P.C. 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 interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.330 of 2015 on the file of learned Judicial Magistrate Court, Perambalur as expeditiously as possible. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msv To 1.

The Judicial Magistrate, Perambalur 2.

The Chief Judicial Magistrate, Perambalur.

(For Information) 3.

The Inspector of Police Maruvathur Police Station, Perambalur District.

4.

The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.4875 OF 2017 AND CRL.M.P.NOS.3640 & 3641 OF 2017 SPD(CO) PBS/06/12/2021 https://hcservices.ecourts.gov.in/hcservices/