Madras High CourtCRL OP/29767/2019dismissed

Gandhi v. The State Represented By

2023-03-09Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P. No.16086 & 16087 of 2019 1.Gandhi 2.Macha Gandhi 3.Kamaraj 4.Selvaraj ... Petitioners Vs.

1. The State Rep. by Inspector of Police Chetpet Police Station Tiruvanamalai District.

(Crime No.211 of 2018)

2. Srinivasan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records relating to CC.No.30/2019 on the file of the Judicial Magistrate Court, Polur, Tiruvannamalai District and quash the same.

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For Petitioners : Mr.C.Prabakaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R.1] : M/s.M.Prakash [ R.2]

O R D E R

This Criminal Original Petition has been filed to quash the final report in C.C.No.30 of 2019 on the file of the Judicial Magistrate Court, Polur, Tiruvannamalai District.

2. The learned counsel for the petitioners submits that the occurrence had not taken place and the complainant has falsely implicated the petitioners. A reading of the complaint according to the learned counsel for the petitioners discloses no offence as alleged by the respondents.

3. This Court on a reading of the final report finds that there are allegations against the petitioners which have to be only adjudicated in the trial. The petitioners are at liberty to raise all their contentions before the Trial Court. Hence, this Court is not inclined to quash the impugned complaint.

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4. However, since the 4th petitioner is aged about 63 years his presence before the Trial Court is dispensed with unless the learned Judicial Magistrate deems his presence necessary for the progress of the Trial.

5. In view of the above, this Criminal Original petition stands dismissed. Consequently, the connected Miscellaneous Petitions are closed. 09.03.2023 Index : Yes/No Internet : Yes/No shr To

1. The Inspector of Police Chetpet Police Station Tiruvanamalai District.

2. Judicial Magistrate Court, Polur, Tiruvannamalai District.

3. The Additional Public Prosecutor, Madras High Court.

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SUNDER MOHAN. J, shr and Crl.M.P. Nos.16086 & 16087 of 2019 09.03.2023 4/4