Madras High CourtCRL OP(MD)/8654/2014dismissed

Dr.Swaminathan v. The Inspector Of Police

2018-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.8654 of 2014 and M.P.(MD) No.1 of 2014 Dr.Swaminathan ... Petitioner Vs.

State Represented by 1.The Inspector of Police, Central Crime Branch, Madurai District.

(In Crime No.63 of 2012) 2.N.K.Ramasamy ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.158 of 2013, on the file of the learned Judicial Magistrate No.I, Madurai and to quash the same.

For Petitioners : Mr.AK.Azhagarsami For R-1 : Mr.K.Dinesh Babu Additional Public Prosecutor For R-2 : Mr.C.Sundaravadivel

O R D E R

This quash petition is filed to quash the proceedings in C.C.No.158 of 2013, on the file of the learned Judicial Magistrate No.I, Madurai.

2. The learned counsel appearing for the petitioner would submit that in this case trial has been commenced and P.Ws.1 to 10 have been examined.

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 him. 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 10 have already been examined. Therefore, this Court https://hcservices.ecourts.gov.in/hcservices/

is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned Judicial Magistrate No.I, Madurai, is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the trial Court. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-IV) sji To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, Central Crime Branch, Madurai District.

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

Crl.O.P.(MD).No.8654 of 2014 and M.P.(MD) No.1 of 2014 NM/SKN/SAR IV/17.10.18/2P/4C https://hcservices.ecourts.gov.in/hcservices/