Madras High CourtCRL OP(MD)/4916/2019dismissed

Sivakumaran, v. The Inspector Of Police

2019-04-03Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4916 of 2019 and Crl.M.P.(MD)Nos.3070 and 3071 of 2019 Sivakumaran : Petitioner/Sole Accused /Vs./ 1.State rep.by The Inspector of Police, Muthayyapuram Police Station, Thoothukudi District.

(In Crime No.104 of 2018) :1st Respondent/Complainant 2.Nandhini : 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in C.C.No.273 of 2018 on the file of the Judicial Magistrate No.II, Tuticorin and quash the same in respect of the petitioner as illegal.

For Petitioner : Mr.V.Selva For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the proceedings in C.C.No.273 of 2018 pending on the file of the learned Judicial Magistrate No.II, Tuticorin.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent.

3. After carefully going through the statement of the witnesses, this Court finds that there are materials adequate enough to frame charges against the petitioner. Much of the arguments advanced in support of the petition only disclose the line of defence, but there may not be germane at this juncture. Therefore, nothing survives in this petition. Accordingly, this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate No.II, Tuticorin is now directed to dispose of the case in C.C.No.273 of 2018 within a period of four months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS )

ta To 1.The Judicial Magistrate No.II, Tuticorin.

2.The Inspector of Police, Muthayyapuram Police Station, Thoothukudi District.

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

1 CC to M/s.V.SELVA, Advocate ( SR-59043[F] dated 04/04/2019 ) Crl.O.P.[MD]No.4916 of 2019 03.04.2019 DS/ /SAR- (02.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/