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Madras High CourtCRL OP/25117/2021closed

Balambigai v. State Rep By

2023-09-25Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.Nos.25117 of 2021 & 8 of 2023 and Crl.M.P.Nos.13850 & 13853 of 2021 and Crl.M.P.Nos.13 & 15 of 2023 Crl.O.P.No.25117 of 2021 1.Balambigai 2.Gnaneshwari ... Petitioners Vs.

1.The State rep., by The Inspector of Police, Kottakuppam Police Station, Villupuram.

(Crime No.1025 of 2018) 2.Sarankumar ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pending trial in C.C.No.66 of 2019 on the file of Judicial Magistrate, Vanur and quash the same. For Petitioners ... Mr. W. Camyles Gandhi For Respondents ... Mr. L. Baskaran, for R1 Government Advocate (Crl.Side) Mr. P.T. Perumal, for R2

Crl.O.P.No.8 of 2023 1.Dhashanamurthy 2.Mathiyazhagan 3.Vasantharaji 4.Preamkumar ... Petitioners Vs.

1.The State rep., by The Inspector of Police, Kottakuppam Police Station, Villupuram.

(Crime No.1025 of 2018) 2.Sarankumar ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pending trial in C.C.No.66 of 2019 on the file of Judicial Magistrate, Vanur and quash the same. For Petitioners ... Mr. W. Camyles Gandhi For Respondents ... Mr. L. Baskaran, for R1 Government Advocate (Crl.Side) Mr. P.T. Perumal, for R2

O R D E R

These Criminal Original Petitions have been filed to call for the records pending in C.C.No.66 of 2019 on the file of Judicial Magistrate, Vanur and quash the same.

2.

When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the State submitted that the trial has already been commenced in C.C.No.66 of 2019 on the file of Judicial Magistrate, Vanur and that out of 7 witnesses, 3 prosecution witnesses P.W.1 to P.W.3 have been examined and the petitioners / accused also cross examined the witnesses.

3.

Since trial commenced and 3 witnesses were examined and also cross examined by the petitioners / accused, these Criminal Original Petitions are closed with liberty to the petitioners to raise all their defence before the trial Court and the trial Court shall consider the same and disposed it on merits.

25.09.2023 Index : Yes/No AT To 1.The Judicial Magistrate, Vanur.

2.The Inspector of Police, Kottakuppam Police Station, Villupuram.

V.SIVAGNANAM ,J.

AT Crl.O.P.Nos.25117 of 2021 & 8 of 2023 and Crl.M.P.Nos.13850 & 13853 of 2021 and Crl.M.P.Nos.13 & 15 of 2023 25.09.2023