Gopal @ Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.10418 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 1.Gopal @ Gopalakrishnan 2.Veeranan 3.Vanni Pillai 4.Pandian ... Petitioners -VsState of Tamil Nadu, Represented by the Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

(Crime No.36 of 2013)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying, to call for the records concerning S.C.No.59 of 2014 on the file of the Mahila Court, Madurai and to quash the same as against the petitioners / accused 1 to 4.

For Petitioner : No Appearance For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to quash the criminal proceedings in S.C.No.59 of 2014 on the file of the Mahila Court, Madurai, taken cognizance for the offences under Sections 376 and 417 IPC r/w Section 4 of TNPHW Act.

2.When the matter was taken up for hearing on 19.09.2018, there was no representation on behalf of the petitioners. Hence, this matter was directed to be listed on 20.09.2018 under the caption 'for dismissal'. Even today, (20.09.2018), when the matter is taken up for hearing, there is no representation on behalf of the petitioners.

3.The learned Additional Public Prosecutor appearing for the respondent police submitted that already in this matter trial has been commenced. The case is posted today (20.09.2018) for further examination of witnesses.

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4.It is seen from the records that there is evidence to proceed with the trial as against the petitioners. Further, the crime committed by the petitioners is very serious and grave in nature. Therefore, this Court is not inclined to quash the proceedings.

5.In view of the above, this Criminal Original Petition is dismissed. However, considering the year of the case, this Court deem fit to direct the learned Mahila Court, Madurai to dispose of the case in S.C.No.59 of 2014, within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Judge, Mahila Court, Madurai.

2.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

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

Crl.O.P.(MD)No.10418 of 2014 20.09.2018 MYR ES/PM/SAR 1/29.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/