Madras High CourtCRL OP(MD)/2035/2014disposed of

Arumugam v. The Deputy Superintendent Of

2015-04-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.2035 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 1.Arumugam 2.Sakthivel 3.Rajavel .. Petitioners/A2, A3 and A1 .. Vs ..

1.State: Rep. by The Deputy Superintendent of Police, Kumbakonam Sub Division, Thanjavur District (In Crime No.1128 of 2010) ..Respondent/Complainant 2.R.Umamaheswari .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records in connection with the proceedings in S.C.C.No.71 of 2011 on the file of the 1st Additional District and Sessions Court(PCR) Thanjavur, and quash the same .

For Petitioners : Mr.D.Selvanayagam For R1 : Mr.K.Anbarasan Government Advocate(Crl.side) For R2 : Mr.V.Achuthan

O R D E R

The petitioners, who are arrayed as accused, seek to quash the proceedings in S.C.C.No.71 of 2011 on the file of the 1st Additional District and Sessions Court(PCR) Thanjavur. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent.

3.The learned counsel for the petitioner submitted that the entire allegations are not true and there is no material to substantiate their allegations. Some of the petitioners have been wrongly roped in the case for the offence under Section 307 IPC without any basis.

4.The learned Government Advocate appearing for the first respondent submitted that the trial is at ripe stage and the matter stands posted for examination of Investigating Officer. 5.This Court does not find any merit to quash the proceedings https://hcservices.ecourts.gov.in/hcservices/

and no valid grounds have been raised for quashment. Accordingly, this petition is dismissed. Consequently, connected M.P.(MD) Nos.1 & 2 of 2015 are also closed. However, the learned counsel for the petitioners submits that it would suffice, if the personal appearance of the petitioners before the trial Court is dispensed with.

6.In view of the same, all the issues are left open to be raised before the Court below. Considering the submission made, personal appearance of the petitioners before the Court below is dispensed with until and unless the same is required. 7.Learned 1st Additional District and Sessions Court(PCR) Thanjavur, is directed to dispose of S.C.C.No.71 of 2011 without being influenced by any of the observations made in this order. Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The 1st Additional District and Sessions Judge(PCR), Thanjavur 2.The Deputy Superintendent of Police, Kumbakonam Sub Division,Thanjavur District.

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

+One cc to Mr.D.Selvanayagam, Advocate, SR.No.23788 ses RL/5 c- 21/5/2015 CRL.O.P.(MD)No.2035 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 29.04.2015 https://hcservices.ecourts.gov.in/hcservices/