Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.22228 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 1.Velmurugan 2.Sivaraman 3.Thavasiappan 4.Nagarajan 5.Murugesan 6.Vetrivel 7.Murugesan 8.Pandi 9.Ramaraj 10.Rajan 11.Ramarajan 12.Kanagaraj 13.Palchamy 14.Ramesh ..Petitioners Vs.

1.The State Rep.by The Inspector of Police Amathur Police Station Virudhunagar District Crime No. 159/10 2.Poongavanam ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in C.C.No.160 of 2015 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same For Petitioners :Mr.S.Balakarthick For Respondents : Mr.A.P.G.Ohm Chairma Prabhu No.1 Government Advocate(Crl.Side) For R2 :Mr.G.Marimuthu

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.160 of 2015 on the file of the learned Judicial Magistrate No.II, Virudhunagar 2.The learned Government Advocate(Crl.Side) would submit that in this case, the trial has been commenced and P.Ws.1 to 3 were examined as prosecution witnesses.

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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 and P.Ws.1 to 3 were examined. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4..Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned Judicial Magistrate No.II, Virudhunagar is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order. The petitioners are at liberty to raise all the grounds before the trial Court.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.II, Virudhunagar

2. The Inspector of Police Amathur Police Station Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.22228 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 AAV KK/PM/SAR-3/26.12.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/