M. Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5808 of 2014 and M.P.(MD) No.1 of 2014 1.M.Dinesh 2.M.Manikandaprasad ..Petitioners/ Accused Nos.1 and 2 Vs.

1.The Inspector of Police, District Crime Branch, Nagercoil. ..1st Respondent/ Complainant 2.Prasanna Bai ..2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the charge sheet in C.C.No.321 of 2006 on the file of the Judicial Magistrate No.1, Nagercoil, Kanyakumari District in Crime No.6 of 2003 on the file of the respondent police and quash the same.

For Petitioners: Mrs.J.Bala Meenakshi For Respondents: Mr.K.Dinesh Babu, APP for R1

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.321 of 2006 on the file of the Judicial Magistrate No.1, Nagercoil, Kanyakumari District against the petitioners.

2.Perusal of the grounds raised by the learned counsel for the petitioners would show that there are no merits in the grounds raised by the learned counsel for the petitioners to quash the criminal proceedings against them. Moreover, the charge framed against the petitioners is grave in nature and there are materials to connect the petitioners in the offence. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court is not inclined to quash the proceedings and the criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

3.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. Considering the fact that the case is of the year 2006, the learned Judicial Magistrate is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.1, Nagercoil, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil.

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

+ 1 CC TO MR.J.BALA MEENAKSHI, ADVOCATE IN SR NO.85811 ARUL BU/SKN/SAR-III: 12.10.2018 : 2P/5C Crl.O.P.(MD).No.5808 of 2014 and M.P.(MD) No.1 of 2014 18.09.2018 https://hcservices.ecourts.gov.in/hcservices/