Madras High CourtCRL OP(MD)/12554/2014dismissed

K. Sundaram v. The Inspepctor Of Police

2018-09-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.12554 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 1.K.Sundaram 2.A.Krishnan .. Petitioners / A-1 & A-2 Vs.

1.The State Represented by The Inspector of Police, City Crime Branch, Tirunelveli, Tirunelveli District.

2.The Inspector of Bhoomidhan Board, Collector Office, Tirunelveli District.

.. Respondents/Complainants PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the C.C.No.76 of 2011, on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same as against the petitioners.

For Petitioners : Mr.N.S.Ramakrishnadass For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

This petition is filed to quash the criminal proceedings in C.C.No.76 of 2011, on the file of the learned Judicial Magistrate No.I, Tirunelveli, which was taken cognizance for the offences under Sections 120(b), 417, 420, 465, 467, 468 and 471 of IPC, registered in Crime No.6 of 2008, on the file of the respondent police. 2.The learned counsel for the petitioner would submit that no instructions from his client.

3.It is seen from the charge sheet and the statements are recorded under Section 161(3) of Criminal Procedure Code. There are specific allegations as against the petitioners. The grounds raised https://hcservices.ecourts.gov.in/hcservices/

in the petition have to be gone into in a full fledged trial. Therefore, this Court is not inclined to quash the proceedings and the criminal original petition is liable to be dismissed. 4.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned learned Judicial Magistrate No.I, Tirunelveli, is directed to dispose of the case, within a period of three 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.

Consequently, connected miscellaneous petitions are closed.

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

2.The Inspector of Police, City Crime Branch, Tirunelveli, Tirunelveli District.

3.The Inspector of Bhoomidhan Board, Collector Office, Tirunelveli District.

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

Crl.O.P.(MD).No.12554 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 24.09.2018 sji RAM-KK/RP/SAR 3/10.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/