V.Jothi Subramanian v. Mercy Annapoorani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.10416 of 2014 and M.P.(MD) No.1 of 2014 1.V.Jothi Subramanian 2.Mahalakshmi

...Petitioners/Accused Nos.3 & 4

Vs.

Mercy Annapoorani

...Respondent/Complainant

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records from the trial Court in C.C.No.3 of 2012 on the file of the Judicial Magistrate, Tirumangalam and quash the same.

For Petitioners : Mr.J.Jeyakumaran For Respondent : Mr.T.Antony Arul Raj

ORDER

This quash petition is filed to call for the records from the trial Court in C.C.No.3 of 2012 on the file of the Judicial Magistrate, Tirumangalam and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned counsel for the respondent.

3.On perusal of grounds would show that all the grounds raised by the petitioners are involved the question of facts, Therefore, the grounds cannot be considered at this stage. Hence, this Court is of the view that all the grounds raised by the petitioners can be considered only during the time of trial. Therefore, this criminal original petition is liable to be dismissed.

4.The personal appearance of the petitioners before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon the petitioners to appear before the Court. Since the case is of the year 2012, the learned Judicial Magistrate, Tirumangalam is directed to complete the entire trial proceedings within a period of six months from the date of receipt of a copy of this order.

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5.With these directions, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the petitioners are at liberty to raise all the grounds before the trial Court.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To The Judicial Magistrate, Tirumangalam.

+1CC to Mr.J.Jeyakumaran, Advocate, SR.No. 85451 Crl.O.P.(MD).No.10416 of 2014 and M.P.(MD) No.1 of 2014 19.09.2018 MSA ES/RP/SAR 2/17.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/