Boominathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5827 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 1.Boominathan 2.Mayalagu 3.Kannan 4.Mariyammal 5.Devi 6.Muthu@ Boomi 7.Kavitha 8.Jayapandi 9.Case Mani 10.Nallathangal 11.Muniyandi 12.Asothai 13.Suganya 14.Bose Pandi 15.Pallpandi ..Petitioners Vs.

1. The Inspector of Police Manamadurai All Women Police Station Manamadurai Sivagangai District 2.Tamil Selvi

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings made in the Charge Sheet in C.C.No.45 of 2013 on the file of the learned District Munsif Cum Judicial Magistrate, Manamadurai and quash the same.

For Petitioners : Mr.V.Kannan For R1 : Mr.C.Chandra Sekar Additional Public Prosecutor For R2 : No appearance

O R D E R

This criminal original petition has been filed to call for the records relating to the proceedings made in the Charge Sheet in C.C.No.45 of 2013 on the file of the learned District Munsif Cum Judicial Magistrate, Manamadurai and quash the same. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Additional Public Prosecutor would submit that in this case, the trial has been commenced and P.Ws.1 to 3 were examined as prosecution witnesses.

3.This Court is of the view that 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 petitioners, in this case, trial has been commenced and P.Ws.1 to 3 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 closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Inspector of Police Manamadurai All Women Police Station Manamadurai Sivagangai District

2. The District Munsif Cum Judicial Magistrate, Manamadurai

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

MSA VB/PM/SAR1/05.10.2018/2P/4C Crl.O.P.(MD).No.5827 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/