Madras High CourtCRL OP(MD)/20106/2015dismissed

M. Ochubalu v. The Inspector Of Police

2018-10-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.20106 of 2015 and M.P(MD).Nos.1 and 2 of 2015 M.Ochubalu ..Petitioner/A-1 Vs.

1.State rep. by The Inspector of Police, Karimedu Police Station, Madurai District. ..1st Respondent/Complainant (Crime No.181 of 2010) 2.J.Mohandass ..2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 407 r/w 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in S.C.No.410 of 2013 on the file of the I Additional Subordinate Court, Madurai and quash the same insofar as this petitioner is concerned.

For Petitioner : Mr.C.Jeganathan For R-1 : Mrs.M.Anantha Devi Government Advocate (Crl.side)

O R D E R

This quash petition is filed to quash the criminal proceedings in S.C.No.410 of 2013 on the file of the I Additional Subordinate Court, Madurai, as against the petitioner. 2.The learned Government Advocate (Crl.side) appearing for the respondent would submit that already trial has been commenced in S.C.No.410 of 2013.

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 Government Advocate (Crl.side), 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. Consequently, connected Miscellaneous Petitions are also dismissed. Since the case is of the year 2013, the trial Court is directed to complete the trial proceedings in S.C.No.410 of 2013, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar(cs-III) To 1.The I Additional Subordinate Judge, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai District.

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

Crl.O.P.(MD).No.20106 of 2015 29.10.2018 RMK SPSKN SAR3 31.12.2018 2P 4C https://hcservices.ecourts.gov.in/hcservices/