Mrs.Muthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.7905 of 2015 and M.P.(MD) No.1 of 2015 1.Muthu 2.Pitchaiammal ..Petitioners/Accused 2 & 4 Vs.
1. State Rep. by The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.
(Crime No.105 of 2014) ... Respondent 1/Complainant
2. Murugesan ..Respondent 2/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.1 of 2015 on the file of the learned Judicial Magistrate, Thirumayam and quash the same as illegal.
For Petitioner : Mr.A.K.Manickam For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)
O R D E R
This quash petition is filed to quash the criminal proceedings in C.C.No.1 of 2015 on the file of the learned Judicial Magistrate, Thirumayam.
2.The learned Government Advocate (Crl.Side) would submit that in this case, trial has been commenced and P.Ws.1 to 3 were examined as prosecution witnesses.
3.It is seen from the records that no ground is raised by the learned counsel for the petitioner 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 by the learned counsel for the petitioner, 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.
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4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-II) To
1. The Judicial Magistrate, Thirumayam.
2. The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
TA VB/SV/SAR2/14.11.2018/2P/4C Crl.O.P.(MD).No.7905 of 2015 and M.P.(MD) No.1 of 2015 12.10.2018 https://hcservices.ecourts.gov.in/hcservices/