Madras High CourtCRL OP(MD)/14280/2015dismissed

Karuppaiah, v. The Inspector Of Police,

2018-10-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2018

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14280 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 1,Karuppaiah 2.Muthu 3.Alagi 4.Veerayee ... Petitioners/Accused Nos. 1 to 4 Vs.

State represented by

1. The Inspector of Police, Poolankuruchi Police Station, (Crime No. 11 of 2014) Sivagangai District.

.. 1st Respondent/Complainant 2.Muthukannu .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the S.C.No.31 of 2015 on the file of the Chief Judicial Magistrate, Sivagangai, Sivagangai District and quash the same as illegal.

For Petitioners : Mr.S.Muthalraj For R1 : Mr.A.P.G.OHM Chairma Prabhu Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the S.C.No.31 of 2015 on the file of the Chief Judicial Magistrate, Sivagangai, Sivagangai District and quash the same as illegal.

2.The learned Government Advocate (Crl.side) would submit that trial has been commenced and P.W.1 to P.W.10 have already been examined and the case is posted for further evidence. Therefore, at this stage, the prayer sought for by the petitioner cannot be considered.

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3. In view of the submission of the learned Government Advocate (Crl. Side), this petition is dismissed. However, the learned

counsel for the petitioners submitted that the petitioners 3 and 4 are aged about more than 70 years. Therefore, considering the age factor, the personal appearance of the petitioners 3 and 4 is dispensed with. Consequently, connected M.P.(MD) Nos. 1 and 2 of 2015 are closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Chief Judicial Magistrate, Sivagangai.

2.The Inspector of Police,Poolankuruchi Police Station, Sivagangai District.

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

• 1 CC TO Mr.NA.PALANIYANDI , ADVOCATE IN SR No. 92005. • • CM • DS SKN SAR3 19 11 2018 2P 5C Crl.O.P.(MD)No.14280 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 https://hcservices.ecourts.gov.in/hcservices/