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Madras High CourtCRL OP/19212/2017dismissed

T.S.G.Sekar, M/A 60 Years, v. The State Rep By Its,

2021-11-12Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.19212 OF 2017 AND CRL.M.P.NO.11653 OF 2017 T.S.G.Sekar ... Petitioner/Accused

Versus

State Rep. by The Sub-Inspector of Police, J-4 Kotturpuram Police Station, Kotturpuram, Chennai - 85. ... Respondent/Complainant PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.6123 of 2017 on the file of the IX Metropolitan Magistrate, Saidapet. For Petitioner ... Mr.R.Vijayaraghavan For Respondent ... Mr.S.Vinothkumar Government Advocate (Crl.side)

O R D E R

This petition has been filed to quash the proceedings in C.C.No.6123 of 2017 pending on the file of the IX Metropolitan Magistrate, Saidapet.

2. Heard the learned counsel for the petitioner and learned Government Advocate (Crl.side).

3. The case of the prosecution is that accused, being a practising advocate, waylaid the witness and attacked and threatened him not to bring any further witness to the Court. The materials collected by the prosecution indicate that there is violence on the human body, but there is no external injuries https://hcservices.ecourts.gov.in/hcservices/

and doctors have opined that the injuries are simple in nature. Though it is the contention of learned counsel that there is discrepancy between the allegation in the First Information Report and Accident Register, this Court cannot appreciate those facts, which are within the domain of the trial Court. As there is a prima facie material available from the records produced by the police, this Court is not inclined to entertain this petition.

Accordingly, this petition is dismissed. However, the petitioner is at liberty to raise all his defence before the trial Court.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gpa/gba To 1.

The IX Metropolitan Magistrate, Saidapet.

2.

The Sub-Inspector of Police, J-4 Kotturpuram Police Station, Kotturpuram, Chennai - 85 3.

The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.NO.19212 OF 2017 AND CRL.M.P.NO.11653 OF 2017 SMI(CO) PBS/29/11/2021 https://hcservices.ecourts.gov.in/hcservices/