Madras High CourtCRL OP(MD)/4415/2014disposed of

Kulanthai Vel v. The Inspector Of Police

2018-09-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.4415 of 2014 and M.P.(MD) Nos.1 of 2014 1.Kulanthai Vel 2.Subbulakshmi 3.Kamatchi 4.Uyikattan 5.Manthira Thevar 6.Senthil Vel 7.Kamatchi 8.Ganapathyammal ..Petitioners/Accused Nos 1 to 8 Vs.

1.The State rep by its The Inspector of Police, Srivaikundam Police Station, Tuticorin District.

Crime No.98 of 2013 ..1st Respodent/Complainant 2.Ganapathy ..2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records in relating to the proceedings in C.C.No.41 of 2014 on the file of the Judicial Magistrate, Srivaikuntam and quash the same. For Petitioner : Mr.V.Natarajan For Respondent No.1 : Mr.V.Neelakandan, APP for R1 No.2 :NO Appearance

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.41 of 2014 on the file of the Judicial Magistrate, Srivaikuntam, having been taken cognizance for the offences under Sections 147, 294(b), 342, 324, 506(ii) of I.P.C. and Section 4 of TNPWH Act, against the petitioners. https://hcservices.ecourts.gov.in/hcservices/

2.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. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

3.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned Judicial Magistrate, Srivaikuntam is directed to dispose of the case, within a period of six 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. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate Srivaikundam.

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

+1 cc to M/s. M.S.JEYAKARTHICK, ADVOCATE IN SR.NO.83954. ARUL DS SV SAR-4 22 10 2018 2P 5C Crl.O.P.(MD).No.4415 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 11.09.2018 https://hcservices.ecourts.gov.in/hcservices/