Sundar v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.10361 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Sundar

...Petitioner/Sole Accused

Vs.

1.State represented by The Deputy Superintendent of Police District Crime Branch Kanyakumari District at Nagercoil.

...1st Respondent/Complainant 2.S.L.Bright ..2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.26 of 2014 on the file of the learned Judicial Magistrate No.I, Nagercoil and to quash the same.

For Petitioner : Mr.K.Prabhu For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.F.Deepak

ORDER

This quash petition is filed to call for the records in C.C.No.26 of 2014 on the file of the learned Judicial Magistrate No.I, Nagercoil and to quash the same.

2.Heard the learned counsel appearing for the petitioner; the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3.It is seen from the records that there is an incriminating material to attract the charges as against the petiitoner. Therefore, this Court finds that there is no merit in the petition to quash the case in C.C.No.26 of 2014. Hence, this Court is of the view that the grounds raised in the petition have to be gone into in a full fledged trial. In view of the above, this criminal original petition is liable to be dismissed.

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4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Deputy Superintendent of Police District Crime Branch Kanyakumari District 2.The Judicial Magistrate No.I, Nagercoil.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.F.Deepak, Advocate, SR.No. 86433 +1CC to Mr.K.Prabhu, Advocate, SR.No. 87113 Crl.O.P.(MD).No.10361 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 25.09.2018 MSA ES/RP/SAR 1/30.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/