Madras High CourtCRL OP(MD)/19873/2015dismissed

Annamalai v. The Inspector Of Police

2018-10-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP[MD]No.19873 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.Annamalai 2.Rajamani ... Petitioners/Accused Nos.1 and 2 Vs.

1.The Inspector of Police, Karaiyur Police Station, Pudukkottai District. ...1st Respondent/Complainant (Crime No.16 of 2006) 2.Vimala ... 2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet filed in S.T.C.No.228 of 2015 on the file of the District Munsif Cum Judicial Magistrate, Thirumayam and quash the same as illegal.

For Petitioners : Mr.B.K.Rajendran For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For R2 : Mr.N.Dilipkumar

ORDER

This petition is filed to quash the charge sheet filed in S.T.C.No.228 of 2015 on the file of the District Munsif Cum Judicial Magistrate, Thirumayam.

2.The learned Government Advocate (Crl.side) would submit that in this case, the trial has been commenced and P.W.1 to P.W.10 were examined as prosecution witnesses.

3.This Court find no merits in the grounds raised by the learned counsel for the petitioners to quash the criminal proceedings against them. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Government Advocate (Crl.side) for the respondent, in this case, trial has been commenced and P.W.1 to P.W.10 were examined. 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. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The District Munsif Cum Judicial Magistrate, Thirumayam.

2.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

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

+1CC to Mr.N.Dilipkumar, Advocate, SR.No.93175 Crl.OP[MD]No.19873 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 26.10.2018 RMI ES/SKN /RSK/SAR 2/30.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/