Jainab Shajitha v. The Inspector Of Police

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.16861 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 1.Jainab Shajitha 2.Niyaz Ahemad .. Petitioners/Accused Nos.4 & 5 Vs.

1.State thro' The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

Crime No.31 of 2012.

.. 1st Respondent/Complainant 2.Seyad Ali Pathu .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records from the court of the Learned Judicial Magistrate at Tenkasi in C.C.No. 410/2013 on the file of the Learned Judicial Magistrate at Tenkasi and quash the same only in respect of the above named petitioners. For Petitioners : Mr.N.Ananthapadmanabhan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side) Mr.S.M.A.Jinnah for R2

O R D E R

This petition has been filed to quash the proceedings in C.C.No. 410/2013 on the file of the Learned Judicial Magistrate at Tenkasi.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW6 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 PW6 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() /True Copy/ Sub Assistant Registrar(CS-III) TM To 1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

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

Crl.O.P.(MD).No.16861 of 2015 NM/SV/SAR III/22.11.18/2P/4C.

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