Madras High CourtCRL OP(MD)/21660/2014dismissed

Shanmugam v. The Inspector Of Police

2018-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.21660 of 2014 and M.P(MD).Nos.1 and 2 of 2014 1.Shanmugam 2.Balamurugan 3.Nilavarasan @ Sudalai Nagaraj 4.Murugan ..Petitioners Vs.

1. State rep. by The Inspector of Police, Koodalpudur Police Station, Madurai District.

(Crime No.14 of 2011)

2. Pandian ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.338 of 2014 on the file of the Additional Mahila Court (Judicial Magistrate Grade), Madurai and quash the same as illegal. For Petitioners : Mr.P.Santhana Krishnan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.338 of 2014 on the file of the Additional Mahila Court (Judicial Magistrate Grade), Madurai. 2.The learned Government Advocate (Crl.side) appearing for the respondent would submit that already trial has been commenced in C.C.No.338 of 2014 and nine witnesses have been examined. 3.It is seen from the records that no ground is 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), in this case, trial has been commenced. Therefore, this Court is of the view that this https://hcservices.ecourts.gov.in/hcservices/

criminal original petition is liable to be dismissed. 4.Accordingly, this Criminal Original Petition is dismissed. However, the petitioners are at liberty to raise all the grounds before the trial Court. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Judicial Magistrate, Additional Mahila Court, Madurai.

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

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

RMK TE/SV/SAR-2 : 29/11/2018 : 2P/4C Crl.O.P.(MD).No.21660 of 2014 and M.P(MD).Nos.1 and 2 of 2014 01.10.2018 https://hcservices.ecourts.gov.in/hcservices/