Madras High CourtCRL OP(MD)/22615/2016dismissed

P.Selvaraj v. The Inspector Of Police

2016-11-30Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22615 of 2016 and Crl.M.P.(MD)Nos.11826 and 11827 of 2016 P.Selvaraj : Petitioner/A2 -Vs1.State rep. by The Inspector of Police, Pettaivaithalai Police Station, Trichy District.

2.Rathinagiri : Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.45 of 2016 on the file of the Judicial Magistrate Court No.III, Trichy and quash the same as illegal.

For Petitioner : M/s.Ajmal Associates for Mr.J.Sulthan Basha For 1st respondent : Mr.K.Anbarasan Govt. Adocate (Crl.Side)

O R D E R

This petition is filed to call for the records pertaining to the charge sheet in C.C.No.45 of 2016 on the file of the Judicial Magistrate Court No.III, Trichy and quash the same as illegal.

2.The case of the prosecution is that on 20.06.2015 at 11.50 pm, the the accused working as driver and conductor, in a bus belonging to the transport corporation, met with an accident, in which, three persons died, but without informing the same to the police, they have attempted to conceal the accident.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the 1st respondent. 4.Perusal of the materials would show that there are prima facie materials available against the petitioners. Hence, this court is not inclined to quash the charge sheet relating to C.C.No.45 of 2016. 5.In the result, this petition is dismissed. However, the personal appearance of the petitioners before the trial court is dispensed with and they are directed to appear before the trial court, whenever their presence is required and they shall not dispute the identity of the witnesses.

The Judicial Magistrate No.III, Trichy, is directed to dispose of the case in C.C.No.45 of 2016 as expeditious as possible, on merits and in accordance with law. Consequently connected Crl.M.P(MD)No.11826 of 2016 is closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar/- er

To, 1.The Judicial Magistrate No.III, Trichy.

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

3.The Inspector of Police, Pettaivaithalai Police Station, Trichy District.

Crl.O.P.(MD) No.22615 of 2016 30.11.2016 GJM/9.1.2017:3p:4c