Madras High CourtCRL OP(MD)/16887/2014dismissed

Solaisamy v. G.Rajalakshmi

2018-09-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16887 of 2014 and M.P.(MD) Nos.1 and 1 of 2014 1.Solaisamy 2.S.Guruvammal .. Petitioners Vs.

G.Rajalakshmi .. Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for records and quash the complaint filed in M.C.No.5 of 2014, pending on the file of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District.

For Petitioners : Mr.R.Mohamed Rajapdheen For Respondent : Mr.S.Ramasamy

O R D E R

This quash petition is filed to quash the criminal proceedings in M.C.No.5 of 2014, pending on the file of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District. 2.The learned counsel for the petitioners would submit that the trial has already been commenced in M.C.No.5 of 2014. 3.It is seen from the records that no ground is raised by the learned counsel for the petitioners to quash the 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. However, considering the year of the case, the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, is https://hcservices.ecourts.gov.in/hcservices/

directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order. The petitioners are at liberty to raise all the grounds before the trial Court. Further, the appearance of the petitioners before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, is dispensed with, except the dates of hearing on which, the learned Judicial Magistrate insisted the petitioners to appear before the Court. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar(CS-III) To The Judicial Magistrate No.II, Sattur, Virudhunagar District.

+ 1 CC TO Mr.C.M.ARUMUGAM, ADVOCATE IN SR No. 87751 SJI TE/PM/SAR-3 : 27/10/2018 : 2P/3C Crl.O.P.(MD).No.16887 of 2014 and M.P.(MD) Nos.1 and 1 of 2014 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/