Madras High CourtCRL OP(MD)/13029/2014dismissed

Mr.Shanmugavel v. The Inspector Of Police

2018-09-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP[MD]No.13029 of 2014 and Crl.M.P.(MD)No.1 of 2014 1.Shanmugavel 2.Eswaramoorthy 3.R.Selva Chithra ... Petitioners/A-1 to A-3 Vs.

1.State represented by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.285 of 2013). ...1st Respondent/Complainant 2.Perumalsamy S/o not known Village Administrative Officer, Pethureddiyapatti (In charge) Karisalpatti, Virudhunagar District.

... 2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of Cr.P.C, to call for records pertaining to C.C.No.22 of 2014 pending on the file of the Judicial Magistrate No.1, Sattur under Sections 286 and 304A of I.P.C and quash the same as against these petitioners. For Petitioners : Mr.B.Rajesh Saravanan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For R2 : No appearance

ORDER

This petition is filed to quash the criminal proceedings in C.C.No.22 of 2014 on the file of the learned Judicial Magistrate No.1, Sattur against the petitioners.

2.The learned Government Advocate (Crl.side) for R1 would submit that in this case, the trial has been commenced and P.W.1 to 3 were examined as prosecution witnesses.

3.This Court finds 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 respondent, in this case, trial has been commenced and P.W.1 to 3 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. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.1, Sattur.

2.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

Crl.OP[MD]No.13029 of 2014 25.09.2018 RMI ES/SKN/RSK/SAR 3/15.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/