Tamilselvan v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4480 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 1.Tamilselvan 2.Daisy Rani ..Petitioners Vs.

1.The Deputy Superintendent of Police, Pattukkottai Sub Division, Pattukkottai, Thanjavur District.

2.State represented by The Inspector of Police, All Women Police Station, Pattukkottai, Thanjavur District.

Crime No.5 of 2005 3.Geetha ..Respondents PRAYER: This Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records relating to P.R.C.No.13 of 2011 pending on the file of the learned Judicial Magistrate, Pattukkottail and quash the same. For Petitioners: Mr.S.Deenadhayalan For R1 & R2 : Mr.A.P.G.OHM Chairma Prabhu Government Advocate (Crl.Side) For R3 : Mr.C.Dhanaseelan

ORDER

This criminal original petition has been filed to quash the proceedings in P.R.C.No.13 of 2011 on the file of the learned Judicial Magistrate, Pattukkottai.

2.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that already the trial has been commenced in P.R.C.No.13 of 2011.

3.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. Moreover, as submitted https://hcservices.ecourts.gov.in/hcservices/

by the learned counsel for the 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.

3.Accordingly, this criminal original petition is dismissed. Considering the year of the case, the learned Judicial Magistrate, Pattukkottai, 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.

4.However, the appearance of the petitioners before the learned Judicial Magistrate, Pattukkottai, is dispensed with, except the dates of hearing on which, the learned Judicial Magistrate insisted the petitioners to appear before the Court. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate, Pattukkottai.

2.The Deputy Superintendent of Police,Pattukkottai Sub Division, Pattukkottai, Thanjavur District.

3.The Inspector of Police, All Women Police Station, Pattukkottai, Thanjavur District.

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

+ 1 CC TO MR.S.DEENADHAYALAN, ADVOCATE IN SR NO.90505 + 1 CC TO MR.C.DHANASEELAN , ADVOCATE IN SR NO.90652 mm BU/PM/SAR-III:02.11.2018 : 2P/7C Crl.O.P.(MD) No.4480 of 2015 11.10.2018 https://hcservices.ecourts.gov.in/hcservices/