Easwari v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13120 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 1.Easwari 2.Purushothaman @ Prasath 3.Asirvatham .. Petitioner/Accused 1 to 3 Vs.

1. The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

2. The State rep. by its Sub Inspector of Police, Uthappanayackanoor Police Station, Madurai District.

(Cr.No.189 of 2014) .. Respondents/Complainant 3.M.Annamalai .. Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records of the case in P.R.C.No.17 of 2015 on the file of the Judicial Magistrate No.II, Usilampatti and quash the same.

For Petitioners : Mr.S.Vijayashanthi For Respondents : Mr.APG.Ohm Chairma Prabhu for R1 & R2 Government Advocate (Crl. Side)

O R D E R

This petition is filed to quash the proceedings in P.R.C.No.17 of 2015 on the file of the Judicial Magistrate No.II, Usilampatti.

2.It is seen from the records that no ground is raised by the learned counsel for the petitioners to quash the criminal proceedings against him. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

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3.Accordingly, this criminal original petition is dismissed. The petitioners are at liberty to raise all the grounds before the trial Court. However, the learned counsel for the petitioners seek the personal appearance of the petitioners before the trial Court may be dispensed with. Hence, the personal appearance of the petitioners before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon the petitioners to appear before the Court. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Judicial Magistrate No.II, Usilampatti.

2. The Chief Judicial Magistrate, Madurai District. (for Information)

3. The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

4. The Sub Inspector of Police, Uthappanayackanoor Police Station, Madurai District.

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

TM TE/SV/SAR-4 : 04/12/2018 : 2P/6C Crl.O.P.(MD).No.13120 of 2015 23.10.2018 https://hcservices.ecourts.gov.in/hcservices/