Madras High CourtCRL OP(MD)/11464/2017closed

Murugan, v. The Sub Inspector Of Police,

2017-12-12Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) Nos.11464 and 11465 of 2017 and Crl.M.P.(MD) Nos.7873 and 7874 of 2017 Crl.O.P.(MD) No.11464 of 2017 1.Murugan 2.Sethuramayee 3.Periya Muniyandi 4.Chinna Muniyandi : Petitioners/Accused 1 to 4 -Vs1.State rep. by Sub Inspector of Police, Kurangani Police Station, Theni District.

(Crime No.24 of 2015) : 1st Respondent / Complainant 2.Krishnaveni : 2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to Crime No.24 of 2015 dated 18.03.2015 on the file of the Sub Inspector of Police, Kurangani Police Station, Theni District and quash the same as against the petitioners.

For Petitioner : M/s.P.Kalaiyarasi Bharathi For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor Crl.O.P.(MD) No.11465 of 2017 1.Murugan 2.Periya Muniyandi 3.Chinna Muniyandi 4.A.M.Eswaran @ Eswaramoorthy : Petitioners/Accused 1 to 4 -Vs1.State rep. by Sub Inspector of Police, Kurangani Police Station, Theni District.

(Crime No.33 of 2014) : 1st Respondent / Complainant

2.Velumani : 2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to Crime No.33 of 2014 dated 19.05.2014 on the file of the Sub Inspector of Police, Kurangani Police Station, Theni District and quash the same as against the petitioners.

For Petitioner : M/s.P.Kalaiyarasi Bharathi For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor COMMON ORDER The Criminal Original Petitions have been filed for quashing the first information reports in Crime Nos.24 of 2015 and 33 of 2014 on the file of the Sub Inspector of Police, Kurangani Police Station, Theni District.

2.Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3.The learned Additional Public Prosecutor appearing for the first respondent, on instructions, submitted that charge sheet itself has been filed in the respective case before the Magistrate concerned and that due to the fact that no Judicial Officer is appointed the case is yet to be taken on file. 4.Recording the submission that the charge sheet is already prepared and that no further investigation is required, both the Criminal Original Petitions are closed with a direction to the first respondent to file the charge sheet in Crime Nos.24 of 2015 and 33 of 2014 within a period of two months from the date of receipt of a copy of this order and to see that the charge sheet is also taken on file by the Judicial Magistrate concerned within a period of four weeks thereafter.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Theni District.

2.The Sub Inspector of Police, Kurangani Police Station, Theni District.

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

+1cc to M/S.P.Kalaiyarasi Bharathi, Advocate SR.No. 92401 CRL.O.P.(MD) Nos.11464 and 11465 of 2017 12.12.2017 SRM JM/GT/SAR 1/29.01.2018/3P/5C