Marimuthu 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.17379 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 Marimuthu .. Petitioner/Accused No.1 Vs.

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

(Crime No.3 of 2015) .. Respondent/Complainant 2.Sarina .. 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 case in C.C.No.186 of 2015 on the file the Judicial Magistrate No.II, Srivilliputhur and quash the same. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side) Mr.G.Karupasamy Pandian for R2

O R D E R

This petition has been filed to quash the proceedings in C.C.No.186 of 2015 on the file the Judicial Magistrate No.II, Srivilliputhur.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW3 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 PW3 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 appearance of the petitioner before the trial Court may be dispensed https://hcservices.ecourts.gov.in/hcservices/

with. Hence, the personal appearance of the petitioner 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 closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.II, Srivilliputhur.

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

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

+1cc to Mr.S.Ramasamy, Advocate, Sr.No.92141. Crl.O.P.(MD).No.17379 of 2015 tm RAM-KK/RP/SAR 3/10.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/