Madras High CourtCRL OP(MD)/4092/2019dismissed

K.Kandhaiah, v. The Superintendent Of Police

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4092 of 2019 and Crl.M.P.(MD)No.2459 of 2019 K.Kandhaiah : Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, K.Pudhupatti Police Station, Pudukkottai District.

(Crime No.73 of 2013) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the C.C.No.63 of 2014 on the file of the Judicial Magistrate, Thirumayam and consequently direct the first respondent to conduct fresh enquiry by some other competent officer except the second respondent and file a fresh final report before this Court.

For Petitioner : Mr.K.Baalasudharam For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to withdraw the C.C.No.63 of 2014 on the file of the Judicial Magistrate, Thirumayam and consequently direct the first respondent to conduct fresh enquiry by some other competent officer except the second respondent and file a fresh final report.

2. The learned Additional Public Prosecutor submitted that the trial in this case has been commenced. He further submitted that three witnesses have already been examined and it is in the stage of trial.

3. Inasmuch as trial in this case has already been commenced, https://hcservices.ecourts.gov.in/hcservices/ this Court does not want to interfere with the ongoing trial process. Accordingly, this criminal original petition is dismissed.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Thirumayam .

2.The Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, K.Pudhupatti Police Station, Pudukkottai District.

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

Crl.O.P.[MD]No.4092 of 2019 TA KK/SAR/09.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/