Madras High CourtCRL OP(MD)/15897/2015dismissed

S.P.D. Karuppiah v. The Inspector Of Police

2018-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15897 of 2015 and M.P.(MD).No.1 of 2015 1.S.P.D.Karuppiah 2.Dhanalakshmi .. Petitioners/Accused Nos.1 & 2 Vs.

1.The Inspector of Police, Karaikudi, North Police Station, Karaikudi, Sivagangai District.

(Crime No.779 of 2013) .. Respondents/Complainant 2.Krishnakumari .. Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C.No.216 of 2014 pending before the Judicial Magistrate Court, Karaikudi in Crime No.779 of 2013, dated 02/10/2013 on the file of the respondent No.1 U/S 294(B), 323, 506 (II),417 of I.PC. R/W 4 Women Harassment Act. And quash the same as illegal.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side) Mr.S.Manikandan for R2

O R D E R

This petition has been filed to quash the charge sheet in C.C.No.216 of 2014 pending before the Judicial Magistrate Court, Karaikudi in Crime No.779 of 2013.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW3 has been examined before the trial Court.

3.It is seen from the records that no ground is 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, trial has been commenced and PW1 to PW3 were examined. At this stage, 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-III) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate, Karaikudi.

2.The Inspector of Police, Karaikudi, North Police Station, Karaikudi, Sivagangai District.

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

• 1 CC TO Mr.T.LAJAPATHY ROY , ADVOCATE IN SR No.92425. • TM • DS RSK SAR3 11 12 2018 2P 5C Crl.O.P.(MD).No.15897 of 2015 https://hcservices.ecourts.gov.in/hcservices/