R. Kanagam v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11055 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 R.Kanagam ..Petitioner Vs.

1.State represented by Deputy Superintendent of Police, Alangulam Circle, Tirunelveli District.

2.State represented by The Inspector of Police, Alangulam Police Station, Tirunelveli District.

(Crime No.07 of 2013) 3.Senthamaraiselvi ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C.No.249 of 2013 dated 05.04.2013 pending before the Judicial Magistrate Court, Thenkasi in crime No.7 of 2012 dated 04.01.2012 on the file of the respondent No.2 under Section 120(B), 341, 353, 294(b), 506(ii) of I.P.C. and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.P.G.Ohm Chairma Prabhu No.1 & 2 Govt. Advocate (Crl. Side) For Respondent No.3 : No Appearance

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.249 of 2013 dated 05.04.2013 pending before the Judicial Magistrate Court, Thenkasi as against the petitioner.

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2.The learned Government Advocate (criminal side) would submit that in this case, the trial has been commenced and P.W.1 was examined as prosecution witnesses.

3.This Court find no merits in the grounds raised by the petitioner to quash the criminal proceedings against her. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Government Advocate (criminal side), in this case, trial has been commenced and P.W.1 was examined. 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, personal appearance of the petitioner before the trial Court is dispensed with, except the date on which, the trial Judge insisted the petitioner to appear before the Court. Further, since the case is of the year 2014, the learned Judicial Magistrate, Tenkasi is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate, Thenkasi.

2.The Deputy Superintendent of Police, Alangulam Circle, Tirunelveli District.

3.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

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

+1 CC To MR.T.LAJAPATHI ROY, Advocate SR. NO. 90453 Crl.O.P.(MD).No..11055 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 ARUL TR/PM/SAR-IV(08.11.2018)2P 6C https://hcservices.ecourts.gov.in/hcservices/