Madras High CourtCRL OP(MD)/17578/2014dismissed

S. Seyadhu Ibrahim v. A. Malarvizhi, W/O. N. Surya

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.17578 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 S.Seyadhu Ibrahim .. Petitioner Vs.

A.Malarvizhi rep through her power agent N.Suryaprakash .. Respondent PRAYER: This Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in S.T.C.No.322 of 2012 on the file of the Judicial Magistrate Court No.II, Ramanathapuram and to quash the same.

For Petitioner : Mr.K.Sudalaiyandi For Respondent : Mr.K.Kumaravel

ORDER

This criminal original petition has been filed to quash the proceedings in S.T.C.No.322 of 2012 pending before the learned Judicial Magistrate No.II, Ramanathapuram.

2.The learned counsel for the respondent would submit that already the trial has been commenced in S.T.C.No.322 of 2012. 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, 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. 3.Accordingly, this criminal original petition is dismissed. Considering the year of the case, the learned Judicial Magistrate Court No.II, Ramanathapuram, is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order. The petitioner is at liberty to raise https://hcservices.ecourts.gov.in/hcservices/

all the grounds before the trial Court.

4.However, the appearance of the petitioner before the learned Judicial Magistrate Court No.II, Ramanathapuram is dispensed with, except the dates of hearing on which, the learned Judicial Magistrate insisted the petitioner to appear before the Court. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar (CS-I) mm To 1.The Judicial Magistrate No.II, Ramanathapuram.

+1cc to Mr.K.Sudalaiyandi, Advocate in SR No.87361 +1cc to Mr.K.Kumaravel, Advocate in sR No.87734 Crl.O.P.(MD) No.17578 of 2014 NM/PM/SAR I/30.10.18/2P/4C.

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