Chinnasamy, M/50 Years v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.Nos. 2616 & 5257 of 2017 and Crl.M.P. Nos. 1850 & 3912 of 2017

1. Chinnasamy, S/o. Kuppan

2. Jamuna, W/o. Chinnasamy ... Petitioners in Crl.O.P.No.2616/2017

1. Kannayiram, W/o. Late Rangasamy

2. Kaliappan, S/o. Late Rangasamy

3. Madesh, S/o. Late Rangasamy

4. Revathi, W/o. Madesh .. Petitioners in Crl. O.P.No.5257/2017

Versus

1. The State rep. by The Inspector of Police, Adhiyaman Kottai Police Station, Dharmapuri Dt.

(Crime No.399 of 2015)

2. Lakshmi, W/o. Late Thirupathi ... Respondents in both Crl.O.P.s R2 impleaded as per the order of this court dated 21.08.2017 made in Crl.M.P.9783/2017 & 9782/2017 COMMON PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the complaint in C.C.No.137 of 2016 on the file of

Judicial Magistrate No.II, Dharmapuri and quash the same as far as the petitioners are concerned.

For Petitioners in both Crl.O.P.s :

Mr.V.Sakkarapani For Respondent in both Crl.O.P.s :

Mr.S.Vinothkumar for Public Prosecutor for R1

ORDER

(This case has been heard through video conference) These Criminal Original Petitions have been filed seeking to quash the final report filed for an offence under Section 147, 294(b), 323, 324 I.P.C. in C.C.No.137 of 2016 on the file of Judicial Magistrate No.II, Dharmapuri.

2. Heard both sides.

3. On perusal of materials, it is seen that prima facie materials are available on record, particularly, the nature of wound certificate for three counts and the final report has already been filed. At this stage, this Court is not inclined to interfere with the criminal case. Hence, these Criminal Original Petitions are dismissed. However, the petitioners are directed to appear before the learned Judicial Magistrate No.II, Dharmapuri in C.C.No.137 of 2016 as and when required and their personal appearance is dispensed except for answering charges and questioning under Sec.313 and any other circumstances, the court below may require their presence. Consequently, the connected Criminal Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp To 1.The Inspector of Police, Adhiyaman Kottai Police Station, Dharmapuri Dt.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate II, Dharmapuri.

CRL.O.P.Nos. 2616 & 5257 of 2017 BP (CO) PR (03/12/2021)