Nakshtra Kannan @ Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.MP(MD) Nos. 3934 and 3935 of 2023

1. Nakshtra Kannan @ Kannan

2. Rajasekaran @ Raja ... Petitioners Vs.

1. State through The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

In Crime No. 303 of 2014

2. Vijayabharathi D/o. Sri Ramaselvan Sudalaikovil Street, Maadanpillai Dharmam, Tirunelveli District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned charge sheet in C.C.No.285 of 2016 on the file of the learned Judicial Magistrate, Valliyoor and quash the same.

For Petitioner : Mr.V. Malaiyendran For R1 : Mr.S. Manikandan Government Advocate (Crl.Side) 1/4

ORDER

This petition is filed to call for the records relating to the impugned charge sheet in C.C.No.285 of 2016 on the file of the learned Judicial Magistrate, Valliyoor and quash the same.

2. The learned counsel for the petitioner submitted that the case has been split up against the petitioner in the year 2016 and thereafter, no process has been made in the trial process. He further submitted that this petition has been filed mainly on the ground that after completing the entire trial process, the co-accused was acquitted by the JJB, Tirunelveli.

3. A perusal of records shows that the defacto complainant was examined as P.W.1 and he turned hostile. The police officials only supported the case of the prosecution. Since P.W.1 turned hostile and he did not support the prosecution, the benefit of the above said order be extended to this petitioner, also.

4. In the result, the Criminal Original petition is allowed and the charge sheet in C.C.No.285 of 2016 on the file of the learned Judicial Magistrate, Valliyoor, is quashed as against the petitioner also, since he is also standing in 2/4

the very same footing. Consequently, the connected miscellaneous petitions are closed.

09.03.2023 Index : Yes/No Internet:Yes/No tta To

1. State through The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

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G.ILANGOVAN, J., tta 09.03.2023 4/4