B.Shahira Banu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.20189 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 B.Shahira Banu ..Petitioner Vs.

1.State represented by The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

Crime No.20 of 2010 2.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

..Respondents PRAYER: This Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in C.C.No.76 of 2014 pending on the file of the learned Judicial Magistrate No.I, Nagercoil, and quash the same against the petitioner / first accused. For Petitioner : Mr.K.Vamanan For Respondents: Mr.A.P.G.OHM Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed to quash the proceedings in C.C.No.76 of 2014 on the file of the learned Judicial Magistrate No.I, Nagercoil.

2.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that already the trial has been commenced in C.C.No.76 of 2014.

https://hcservices.ecourts.gov.in/hcservices/ 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 her. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned counsel for the 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.

3.Accordingly, this criminal original petition is dismissed. Considering the year of the case, the learned Judicial Magistrate No.I, Nagercoil, is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the trial Court.

4.However, the appearance of the petitioner before the learned Judicial Magistrate No.I, Nagercoil is dispensed with, except the dates of hearing on which, the learned Judicial Magistrate insisted the petitioner to appear before the Court. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District. Crime No.20 of 2010 2.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

3.The Judicial Magistrate No.I, Nagercoil.

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

+ 1 CC TO MR.K.VAMANAN, ADVOCATE IN SR NO.88328 MM BU/SKN/SAR-III :12.11.2018 : 2P/6C Crl.O.P.(MD) No.20189 of 2014 28.09.2018 https://hcservices.ecourts.gov.in/hcservices/