Madras High CourtCRL OP(MD)/16369/2015dismissed

Ramesh 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.16369 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 1.Ramesh 2.M.Veluthai 3.M.Ganeshan 4.V.Vani .. Petitioners/Accused Nos.1 to 4 Vs.

1.The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.

(Crime No.27 of 2013) .. Respondent/Complainant 2.Mrs.Alagusundari .. Respondents/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. 89 of 2014 dated 20.11.2013 on the file of the Learned Judicial Magistrate, Sivakasi, Virudhunagar District in Crime No. 27 of 2013, dated 08.10.2013 u/s/ 498(A), 406, 506(1) of IPC on the file of the Respondent No.1 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)

ORDER

This petition has been filed to quash the charge sheet in C.C.No. 89 of 2014 dated 20.11.2013 on the file of the Learned Judicial Magistrate, Sivakasi, Virudhunagar District. 2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW5 has been examined before the trail Court.

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, trial has been commenced and PW1 to PW5 were examined. At this stage, this Court is of the view that this criminal original petition is liable to be dismissed. However, the learned counsel for the petitioner seeks the personal https://hcservices.ecourts.gov.in/hcservices/

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 petitioner to appear before the Court.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate, Sivakasi, Virudhunagar District.

2.The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.

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

+1CC to Mr.T.Lajapathi Roy, Advocate, SR.No.92417 Crl.O.P.(MD).No.16369 of 2015 25.10.2018 TM ES/SKN/RSK/SAR 3/20.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/