Dr.R.Selvaraj 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.23471 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Dr.R.Selvaraj

...Petitioner/Sole Accused

Vs.

1.The Inspector of Police Palani Town Police Station Palani, Dindigul District ...1st Respondent/Complainant 2.R.Ravichandran ...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.46 of 2014 pending before the learned Judicial Magistrate Court, Palani, Dindigul District in Crime No.1299 of 2010 on the file of the respondent no.1 U/s. 294(b), 324 and 355 of I.P.C and quash the same as illegal. For Petitioner: Mr.T.Lajapathi Roy For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

O R D E R

This quash petition is filed to call for the records pertaining to the Charge Sheet in C.C.No.46 of 2014 pending before the learned Judicial Magistrate Court, Palani, Dindigul District and quash the same as illegal.

2.The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the trial has been commenced. 3.It is seen from the records that there is an incriminating material to attract the charges as against the petitioner. Therefore, this Court finds that there is no merit in the petition to quash the case in C.C.No.46 of 2014. Hence, this Court is of the view that the grounds raised in the petition have https://hcservices.ecourts.gov.in/hcservices/

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 criminal original petition is liable to be dismissed. 4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, the petitioner is at liberty to raise all the grounds before the trial Court. The personal appearance of the petitioner before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon the petitioner to appear before the Court. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police Palani Town Police Station Palani, Dindigul District 2.The Judicial Magistrate, Palani Dindigul District .

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

+ 1 CC TO MR.A.K.MANIKAM, ADVOCATE IN SR NO.88473 + 1 CC TO MR.T.LAJAPATHI ROY, ADVOCATE IN SR NO.88585 MSA BU/SKN/SAR-III:09.11.2018 : 2P/6C Crl.O.P.(MD).No.23471 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/