Madras High CourtCRL OP(MD)/15024/2014dismissed

Rathinavelu v. M.Kumar

2018-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15024 of 2014 and M.P.(MD) Nos.1 of 2014 Rathinavelu ..Petitioner/Accused No.1 Vs.

M.Kumar ..Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for records pertaining to the impugned proceedings in C.C.No.15 of 2006 on the file of the Chief Judicial Magistrate, Karur and to quash the same as far as concerned with this petitioner.

For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.R.M.Sivakumar

ORDER

This quash petition is filed to quash the criminal proceedings in C.C.No.15 of 2006 on the file of the learned Chief Judicial Magistrate, Karur.

2.The learned counsel appearing for the respondent would submit that the trial has been commenced in C.C.No.15 of 2006. 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 respondent, in this case, trial has been commenced. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. However, the petitioner is at liberty to raise all the grounds before the trial Court. The personal appearance of the petitioner before the trial Court is dispensed with, except the dates of hearing, on which, the learned Chief Judicial Magistrate, Karur, insisted upon the petitioner to appear before the Court. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the year of C.C, the learned Chief Judicial Magistrate, Karur, is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Chief Judicial Magistrate, Karur.

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

+1CC to Mr.M.R.Sreenivasan, Advocate, SR.No.87313 +1CC to Mr.R.M.Sivakumar, Advocate, SR.No.87029 Crl.O.P.(MD).No.15024 of 2014 and M.P.(MD) Nos.1 of 2014 26.09.2018 RMK ES/SKN/RSK/SAR 3/14.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/