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Madras High CourtCRL OP/14741/2017dismissed

Sheikh Nashrulla,30 Yrs, v. The Inspector Of Police,

2021-11-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.14741 of 2017 and CRL.M.P.No.9322 of 2017 1.Sheikh Nashrulla

2. Naji Munnisha ... Petitioners

Versus

1.The State represented by its, The Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore, (Crime No. 2 of 2016) 2.Shanawaz Bi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for records and quash the C.C.No.138 of 2016 on the file of the learned Judicial Magistrate Court No.II, Virudhachalam, Cuddalore District. For Petitioners :

No appearance For Respondents :

Mr.S.Vinothkumar for Public Prosecutor [For R1] R2- No appearance

ORDER

This petition has been filed to quash the proceedings in C.C.No.138 of 2016 on the file of the learned Judicial Magistrate Court No.II, Virudhachalam.

2. When the matter is taken up today, there is no representation for the petitioner.

3. The learned Public Prosecutor appearing for the first respondent submitted that the trial has already commenced in this case and four witnesses have already been examined.

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4. In such view of the matter, as the trial has already commenced, it is for appreciation of evidence and the same is within the domain of the trial Court. The trial Court has to decide whether the offences have been made out on the basis of the materials and evidence produced by the prosecution and hence, this Court is not inclined to quash the proceedings.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar nr/vrc To 1.The Judicial Magistrate Court No.II, Virudhachalam.

2.-do-through The Chief Judicial Magistrate (for information), Cuddalore.

3.The Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore.

4.The Public Prosecutor, High Court of Madras, Madras.

CRL.O.P.No.14741 of 2017 and CRL.M.P.No.9322 of 2017 SPD (CO) PR (02/12/2021) https://hcservices.ecourts.gov.in/hcservices/