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Madras High CourtCRL OP(MD)/4664/2021dismissed

Hakkim v. C.Mohan

2024-04-08Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P.(MD) No.4664 of 2021 and Crl.M.P.(MD).Nos.2633 & 2635 of 2021 1.Hakkim 2.M.Syed 3.Chelladurai ... Petitioners / Accused Nos.1 to 3 Vs.

C.Mohan ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.926 of 2020 pending on the file of the learned Judicial Magistrate No.VI, Madurai and to quash the same as against the petitioners/accused.

For petitioners : Mr.S.Rajeswari For Respondent : Mr.V.Senthil Kumar O RDER This petition has been filed to quash the proceedings in C.C.No. 926 of 2020 on the file of the learned Judicial Magistrate No.VI, Madurai.

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2.Heard the learned counsel for the petitioners and the learned counsel for the respondent.

3. The learned Counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the defacto complainant filed a private complaint before the learned Judicial Magistrate No.VI, Madurai and the same was taken on file in C.C.No. 926 of 2020 for the offences punishable under Sections 294(b), 182, 201, 382, 307, 341, 342, 323, 324, 363, 380, 386, 364, 325, 506(ii), 420, 447, 448, 406 r/w 34 of IPC. Hence he prayed to quash the same. 4.The learned counsel appearing for the respondent submitted that there are specific allegations as against the petitioners to attract the offences stated supra. He further submitted that now, the trial has been commenced and all the prosecution witnesses have already been examined except two independent witnesses.

5.It is seen that the major portion of the trial has been completed. Hence, at this stage, the entire proceedings cannot be quashed. Accordingly, this Criminal Original Petition is dismissed. However, the 2/4

learned Judicial Magistrate No.VI, Madurai, is directed to complete the trial as expeditiously as possible. Consequently, connected miscellaneous petitions are closed.

08.04.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No dss To The Judicial Magistrate No.VI, Madurai.

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A.A.NAKKIRAN, J.

dss Crl.O.P.(MD) No.4664 of 2021 and Crl.M.P.(MD).Nos.2633 & 2635 of 2021 08.04.2024 4/4