Madras High CourtCRL OP(MD)/4915/2020dismissed

Saibudeen @ M.Mohammed Saibudeen v. The Inspector Of Police

2020-03-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4915 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4915 of 2020 and Crl.M.P.(MD)No.2839 of 2020 1.Saibudeen @ M.Mohammed Saibudeen 2.Jalaludeen 3.Jamaludeen Petitioners 1 to 3 Rep.through their Power Agent Sirajuddin ... Petitioner -vs1.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District, Crime No.127 of 2017. ... 1st Respondent/Complainant 2.Seyedhu Ali ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records in C.C.No.1386 of 2019 on the file of the learned Judicial Magistrate No.II, Padmanabhapuram and quash the same as devoid of merits.

For Petitioner : Mr.A.Haja Mohideen For R1 : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

The petitioners have filed this Criminal Original Petition for quashing the impugned proceedings in C.C.No.1386 of 2019 under Section 294(b), 326, 324 and 506(2) of IPC.

2.The learned counsel for the petitioners reiterated the contentions set out in the memorandum of grounds. 3.I am of the view that these contentions will have to be established only before the Court below in a regular trial. I refrain from considering the matter on merits. Leaving open the https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.O.P.(MD)No.4915 of 2020 petitioners' defence and contentions, this Criminal Original Petition stands dismissed.

4.Taking note of the over all facts and circumstances of this case, the personal appearance of the petitioners before the Court below is dispensed with. Ofcourse, the petitioners will have to represent through their counsel. The petitioners have to appear when specifically directed to do so by the learned Trial Magistrate. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Judicial Magistrate No.II, Padmanabhapuram. 2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.HAJAMOHIDEEN, Advocate ( SR-12569[F] dated 19/03/2020 ) Crl.O.P.(MD)No.4915 of 2020 19.03.2020 NR(29.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2