Madras High CourtCRL OP(MD)/10617/2014dismissed

S.Kumaresan v. R.Sathyapriya

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.10617 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 1.S.Kumaresan 2.K.Padmavathi 3.B.Palaneeswari .. Petitioners/Respondent Nos.2 to 4 Vs.

R.Sathiyapriya .. Respondent/Petitioner PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in M.C.No.97/2014 pending on the file of the Judicial Magistrate No.IV, Madurai and to quash the same. For Petitioner : Mr.R.M.A.Anbunidhi For Respondent : Mr.C.Muthusaravanan,

O R D E R

This quash petition is filed to quash the criminal proceedings in M.C.No.97/2014 on the file of the Judicial Magistrate No.IV, Madurai.

2.It is seen from the records that no ground is raised by the learned counsel for the petitioner to quash the criminal proceedings against him. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed. 3.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned Judicial Magistrate No.IV, Madurai, is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the trial Court. However, the learned counsel for the petitioner seeks the personal appearance of the petitioners 1 and 2 before the trial Court may be dispensed with. Hence, considering the age of the first and second petitioners, the personal appearance of them before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon https://hcservices.ecourts.gov.in/hcservices/

the petitioner to appear before the Court. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.IV, Madurai.

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

• 1 CC TO Mr.N.SATHEESH KUMAR , ADVOCATE IN SR No. 85772 TM DS RP SAR3 27 10 2018 2P 4C Crl.O.P.(MD).No.10617 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 https://hcservices.ecourts.gov.in/hcservices/