Mareeswaran v. A.Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & Crl MP Nos.18207 & 18209 of 2023 Mareeswaran ... Petitioner Vs.

A.Shanmugam ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to STC No.748 of 2015 on the file of the Judicial Magistrate VII, Coimbatore and quash the same in so far as the petitioner/2nd accused is concerned. For Petitioner : Mr. Charles Kamalesh M. Appaji For Respondent : No appearance.

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to STC No.748 of 2015 on the file of the Judicial Magistrate VII, 1/4

Coimbatore and quash the same in so far as the petitioner/2nd accused is concerned.

2. The learned counsel for the petitioner states that for the same set of facts, a private complaint with the subject matter in STC No.748 of 2015 and the Police has also filed a report on 13.05.2015 which was taken cognizance in CC No.475 of 2015 and in the light of the fact that for the same cause of action and offences, a private complaint and final report by the police has also been taking cognizance by the Court below. 3.Therefore, the trial Court is directed to proceed with CC No.475 of 2015 by following the procedure contemplated under Section 210 of Cr.PC, initially on police report until then, the proceedings in STC No.748 of 2015 shall be stopped.

4.With the above direction, the Criminal Original Petition is disposed of. Consequently connected miscellaneous petitions are closed. dn 01.12.2023 Index : Yes/No 2/4

To 1.The Judicial Magistrate VII, Coimbatore 3/4

DR. G.JAYACHANDRAN., dn 01.12.2023 4/4