Madras High CourtCRL OP(MD)/16858/2015dismissed

Rajagopal 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.16858 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 Rajagopal .. Petitioner/Accused No.1 Vs.

1. State rep. by Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

(Crime No.86 of 2013) .. 1st Respondent/Complainant

2. Mookan .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in S.T.C.No. 430 of 2014 on the file of Judicial Magistrate Court No.II, Virudhunagar and quash the same as illegal arbitrary and violation of principles of law.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the proceedings in S.T.C.No. 430 of 2014 on the file of Judicial Magistrate Court No.II, Virudhunagar.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW5 were 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. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-III) To

1. The Judicial Magistrate No.II, Virudhunagar.

2. The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

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

+ 1 CC TO Mr.M.JOTHI BASU, ADVOCATE IN SR No. 92405 TM TE/PM/SAR-3 : 19/11/2018 : 2P/5C Crl.O.P.(MD).No.16858 of 2015 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/