Madras High CourtCRL OP(MD)/10560/2014dismissed

Ragupathy v. The Sub Inspector Of Police

2018-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.10560 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Ragupathy

...Petitioners/Sole Accused

Vs.

1.State represented by The Sub Inspector of Police Bazar Police Station Ramanathapuram District ....1st Respondent/Complainant 2.Mathisudi ....2nd Respondent /Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to C.C.No.54 of 2011 on the file of the Judicial Magistrate No.I, Ramanathapuram and quash the same as devoid of merits. For Petitioner : Mr.C.Christopher For R1 : Mr.K.Dinesh Babu Additional Public Prosecutor For R2 : Mr.A.K.Azhagarsamy

ORDER

This quash petition is filed to call for the records pertaining to C.C.No.54 of 2011 on the file of the Judicial Magistrate No.I, Ramanathapuram and quash the same as devoid of merits.

2.The learned Additional Public Prosecutor appearing for the first respondent submitted that the trial has been commenced in this case.

3.It is seen from the records that there is an incriminating material to attract the charges as against the petitioner. Therefore, this Court finds that there is no merit in the petition to quash the case in C.C.No.54 of 2011. Hence, this Court is of the view that the grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Additional Public Prosecutor, in this case, trial has been https://hcservices.ecourts.gov.in/hcservices/

commenced. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, the petitioner is at liberty to raise all the grounds before the trial Court.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate No.I, Ramanathapuram.

2. The Sub Inspector of Police Bazar Police Station Ramanathapuram District.

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

Crl.O.P.(MD).No.10560 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 19.09.2018 MSA ES/SKN/RSK/SAR 4/15.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/