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Madras High CourtCRL OP(MD)/15033/2017dismissed

Thomas Tojo,S/O.Soosaiya v. The Inspector Of Police

2018-09-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.15033 of 2017 and Crl.M.P.(MD)Nos.3610 of 2018 and 9994 and 9995 of 2017 1.Thomas Tojo 2.F.Soosiya 3.Celin Rani 4.S.Loyde Joyson

...Petitioners

Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Nagercoil.

Cr.No.20 of 2012.

2.E.S.Angel Mary ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records pertaining to the proceedings in C.C.No.271 of 2013 on the file of the Judicial Magistrate No.II, Nagercoil and quash the same as against the petitioners. For Petitioner : Dr.R.Rajagopal For Respondents : Mr.M.Chandra Sekaran Additional Public Prosecutor for R.1 : Mr.M.R.Sreenivasan for R.2

ORDER

This petition has been filed challenging the final report filed by the respondent police which has been taken on file by the Judicial Magistrate No.II, Nagercoil in C.C.No.271 of 2013.

2. The learned Additional Public Prosecutor appearing for the first respondent had brought to the notice of this Court that the charges have been framed and seven witnesses have been examined and the case is at Section 313 Cr.P.C. questioning stage.

3. In view of the above development, this Court will not exercise its jurisdiction under Section 482 Cr.P.C. at this length of time. The petitioners will have to raise all the grounds raised by them only before the appropriate Court and the same will be https://hcservices.ecourts.gov.in/hcservices/

considered by the Court below on merits and in accordance with law. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate Court No.II, Nagercoil.

2. The Inspector of Police, All Women Police Station, Nagercoil.

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

+1CC to Dr.R.Rajagopal, Advocate, SR.No.86778 +1CC to Mr.M.R.Sreenivasan, Advocate, SR.No.86902 Crl.O.P.(MD).No.15033 of 2017 26.09.2018 SSL ES/SKN/RSK/SAR 2/23.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/