Madras High CourtCRL OP(MD)/4668/2020dismissed

Mohammed Shahib v. The Inspector Of Police

2020-03-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD).No.4668 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.4668 of 2020 and Crl.M.P.(MD)Nos.2652 and 2653 of 2020 Mohammed Shahib ... Petitioner/Accused No.1 Vs 1.The State Rep. by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.83 of 20129) ... 1st Respondent/Complainant 2.P.Libipaulraj ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.438 of 2019, on the file of the learned Judicial Magistrate, Nanguneri in Crime No.83 of 2019, on the file of the first respondent police and quash the same in respect of the petitioner as illegal.

For Petitioner : Mr.G.Antoprince For R1 : Mr.A.Robinson Government Advocate (Crl. side)

ORDER

The petitioner is figuring as accused No.1 in C.C.No.438 of 2019, on the file of the learned Judicial Magistrate, Nanguneri. 2.It is a case of alleged sand theft. The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of grounds. I am of the view that they will have to be necessarily established only before the Court below in a regular trial. Therefore, without going into the merits of the matter, the Criminal Original Petition stands dismissed. The defences of the petitioner are left open.

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Crl.O.P(MD).No.4668 of 2020 3.The personal appearance of the petitioner before the Court below shall stand dispensed with. Of-course, the petitioner will have to appear on those occasions, when it is directed by the Court below or when it is imperative and necessary. On all other occasions, the petitioners can be represented by their counsel. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Judicial Magistrate, Nanguneri.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

+1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-11850[F] dated 16/03/2020 ) Crl.O.P(MD).No.4668 of 2020 16.03.2020 NR(29.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2