Madras High CourtCRL OP(MD)/17609/2014dismissed

M.K. Muthukumaran v. The Sub-Inspector Of Police

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.17609 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 M.K.Muthukumaran .. Petitioner Vs.

1.The State through The Sub Inspector of Police, Oomatchikulam Police Station, Madurai District.

2.Deva Doss .. Respondents PRAYER: This Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records connected with the case in C.C.No.815 of 2012 on the file of the learned Judicial Magistrate No.II, Madurai and to quash the same. For Petitioner : Mr.R.Alagumani For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : No appearance

O R D E R

This criminal original petition has been filed to quash the proceedings in C.C.No.815 of 2012 on the file of the learned Judicial Magistrate No.II, Madurai.

2.The learned Additional Public Prosecutor appearing for the first respondent would submit that already the trial has been commenced in C.C.No.815 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 respondents, in this case, trial has been commenced. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

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4.Accordingly, this criminal original petition is dismissed. Considering the year of the case, the learned Judicial Magistrate No.II, Madurai, 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 all the grounds before the trial Court.

5.However, the appearance of the petitioner before the learned Judicial Magistrate No.II, Madurai 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(AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Sub Inspector of Police, Oomatchikulam Police Station, Madurai District.

2.The Judicial Magistrate No.II, Madurai.

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

• 1 CC TO Mr.R.Alagumani, ADVOCATE IN SR No. 88068. MM DS RP SAR3 27 10 2018 2P 5C Crl.O.P.(MD) No.17609 of 2014 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/