Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.1259 of 2014 and M.P.(MD)No.2 of 2014 Murugesan

...Petitioner/2nd Accused

Vs.

State Represented by The Inspector of Police, Civil Supplies C.I.D., Thoothukudi, (Crime No.83 of 2012)

...Respondent/Complainant

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.153 of 2013 on the file of the Judicial Magistrate No.1, Thoothukudi and quash the same as illegal with regard to the petitioner.

For Petitioner: Mr.T.Lenin Kumar For Respondent: Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This quash petition is filed to quash the criminal proceedings in C.C.No.153 of 2013 on the file of the learned Judicial Magistrate No.1, Thoothukudi.

2.The learned counsel appearing for the petitioner would submit that in this case trial has been commenced and 13 witnesses have 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 and 13 witnesses have already been 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. However, considering the year of the case, the learned Judicial Magistrate No.1, Thoothukudi 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. Consequently, connected miscellaneous petition is also closed.

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

2.The Inspector of Police, Civil Supplies C.I.D., Thoothukudi 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.T.LENIN KUMAR, ADVOCATE IN SR NO.81525 ta BU/PM/SAR-IV :15.10.2018 : 2P/5C Crl.O.P.(MD)No.1259 of 2014 31.08.2018 https://hcservices.ecourts.gov.in/hcservices/