Madras High CourtCRL OP(MD)/12255/2014dismissed

Viswas v. The Inspector Of Police

2018-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12255 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Viswas ..Petitioner Vs.

1.State rep. By The Inspector of Police, B-5 South Gate Police Station, Madurai City.

(Crime No.511 of 2013) 2.Kajah Mydeen ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in C.C.No.36 of 2014 pending on the file of the learned Judicial Magistrate No.IV, Madurai, Madurai District and quash the same.

For Petitioner : Mr.R.Anand For R-1 : Mr.A.Haja Mohideen For R-2 : Mr.M.Mohamed Sherbudeen

ORDER

This quash petition is filed to quash the criminal proceedings in C.C.No.36 of 2014 pending on the file of the learned Judicial Magistrate No.IV, Madurai, Madurai District. 2.The learned counsel for the petitioner submitted that in this case, trial has been commenced and P.W.1 has been examined. 3.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. Moreover, as submitted by the learned counsel for the petitioner, in this case, trial has been commenced. 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 with the liberty to the petitioner to raise all the grounds before the trial Court. Consequently, connected miscellaneous petitions are also dismissed.

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

2. The Inspector of Police, B-5 South Gate Police Station, Madurai City.

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

+1CC to Mr.A.Haja Mohideen, Advocate, SR.No.88598 Crl.O.P.(MD).No.12255 of 2014 01.10.2018 RMK ES/PM/SAR 1/29.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/