G.Rameshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12121 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 G.Rameshkumar ..Petitioner Vs.

1.The Inspector of Police, Arumanai Police Station, Kanyakumari District, Crime No.192 of 2011.

2.A.Narayandhas ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.17 of 2014 on the file of the Judicial Magistrate No.1, Nagercoil in crime No.192 of 2011 on the file of the Arumanai Police Station and quash the same.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.K.Dinesh Babu, APP for R1

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.17 of 2014 on the file of the Judicial Magistrate No.1, Nagercoil as against the petitioner. 2.The learned Additional Public Prosecutor would submit that in this case, the trial has been commenced and P.W.1 to 6 were examined as prosecution witnesses.

3.This Court find no merits in the grounds raised by the learned counsel for the petitioners to quash the criminal proceedings against them. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned counsel for the 1st respondent, in this case, trial has been commenced and P.W.1 to 6 were examined. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

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4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is 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 17 of 2014, the learned Judicial Magistrate No.1, Nagercoil 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(T&P) /True Copy/ Sub Assistant Registrar(CS-I) Arul To 1.The The Inspector of Police, Arumanai Police Station, Kanyakumari District.

2.The Judicial Magistrate No.1, Nagercoil.

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

+1cc to Mr.S.C.Herold Singh, Advocate in SR No.86409 Crl.O.P.(MD).No.12121 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 NM/PM/SAR I/24.10.18/2P/5C.

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