Madras High CourtCRL OP(MD)/13578/2014dismissed

Poothathan 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.13578 of 2014 Poothathan ... Petitioner/Accused No.2 Vs.

1. State through, The Inspector of Police, Kallidaikuruchi Police Station, Tirunelveli District.

(Crime No.123 of 2012)

2. Venkatesan @ Ayyappan ... Respondents/Complainants PRAYER: Petition is filed under Section 482 of Cr.P.C, to call for records relating to the proceedings in P.R.C.No.28 of 2013 on the file of the Judicial Magistrate, Ambasamudram, Tirunelveli District and quash the same.

For Petitioner : Mr.S.Sundara Pandian For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This petition is filed to quash the criminal proceedings in P.R.C.No.28 of 2013 on the file of the Judicial Magistrate, Ambasamudram, Tirunelveli District.

2.The learned Government Advocate (Crl.side) would submit that the case has been committed in S.C.No.464 of 2016 on the file of the Additional Sessions Court, Ambasamudram and 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. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Judicial Magistrate, Ambasamudram, Tirunelveli District.

2. The Inspector of Police, Kallidaikuruchi Police Station, Tirunelveli District.

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

RMI VB/SV/SAR4/08.11.2018/2P/4C Crl.OP[MD]No.13578 of 2014 25.09.2018 https://hcservices.ecourts.gov.in/hcservices/