Samraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.22728 of 2014 and M.P.(MD).No.1 of 2014 1.Samraj 2.Palaiyan 3.Peter .. Petitioners/Accused Nos.1 to 3 Vs.

1. The Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District.

(Crime No.20 of 2009) .. Respondent/Complainant

2. Streorian Shopana .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge sheet in C.C.No.173 of 2012 on the file of the Judicial Magistrate, Padmanabapuram and quash the same as illegal.

For Petitioners : Mr.K.Seemaraj For Respondents : Mr.APG.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the Charge sheet in C.C.No.173 of 2012 on the file of the Judicial Magistrate, Padmanabapuram and quash the same as illegal.

2.The learned Government Advocate (Crl. Side) would submit that the trial has been commenced and PW1 to PW9 has been examined before the trial Court.

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 https://hcservices.ecourts.gov.in/hcservices/

to be gone into in a full fledged trial. Moreover, trial has been commenced and PW1 to PW7 were examined. At this stage, this Court is of the view that this criminal original petition is liable to be dismissed. However, considering the year of the case, the learned Judicial Magistrate, Padmanabhapuram, is directed to complete the trial and dispose of the case within a period of three months from the date of receipt of a copy of this order. 4.Accordingly, this criminal original petition is dismissed with the above direction. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Judicial Magistrate, Padmanabhapuram.

2. The Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District.

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

+ 1 CC TO Mr.K.SEEMARAJ, ADVOCATE IN SR No. 88399 TM TE/SKN/SAR-4 : 14/11/2018 : 2P/5C Crl.O.P.(MD).No.22728 of 2014 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/