Kumar @ Abdul Sukkur v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP[MD]No.4922 of 2014 and Crl.M.P.(MD)Nos.1 and 2 of 2014 Kumar @ Abdul Sukkur ... Petitioner/Accused No.4 Vs.

1.The State represented by, The Inspector of Police, District Crime Branch, Theni.

(Crime No.21/2009).

2.V.Balaguru ..Respondents 1 & 2/Complainant/ De facto Complainant 3.The Assistant Director, Directorate of Enforcement, Government of India, No.6 (Old No.42), Besant Road, Chokkikulam, Madurai-625 002.

... 3rd Respondent PRAYER: Petition is filed under Section 482 of Cr.P.C, to call for the entire records connected with the proceeding of the charge sheet in C.C.No.544 of 2012 pending on the file of the learned Judicial Magistrate, Theni and quash the same as far as this petitioner is concerned.

For Petitioner : Mr.I.Robert Chandrakumar For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This petition is filed to quash the criminal proceedings in C.C.No.544 of 2012 on the file of the Judicial Magistrate, Theni. 2.The learned Government Advocate (Crl.side) would submit that in this case, the trial has been commenced and P.W.1 and 2 were examined as prosecution witnesses.

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3.This Court find no merits in the grounds raised by the learned counsel for the petitioner 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 counsel for the respondent, in this case, trial has been commenced and P.W.1 and 2 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. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar(CS-III) rmi To 1.The Inspector of Police, District Crime Branch, Theni.

2.The Judicial Magistrate, Theni.

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

Crl.OP[MD]No.4922 of 2014 and Crl.M.P.(MD)Nos.1 and 2 of 2014 NM/RP/SAR III/08.11.18/2P/4C.

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