Madras High CourtCRL OP(MD)/4970/2016dismissed

J.Krishna Kumar v. The Sub Inspector Of Police

2016-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4970 of 2016 J.Krishna Kumar ... Petitioner/Accused No.1 Vs.

1.The State of Tamil Nadu, Rep. By the Sub Inspector of Police, Palugal Police Station, Kanyakumari District ... 1st Respondent/Complainant 2.J.Robert ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to the Charge Sheet in S.T.C. NO.369 of 2013 on the file of the Judicial Magistrate No.1, Kuzhithurai and quash the same in so far as the petitioner/1st accused is concerned. For Petitioner :: Mr.C.K.M.Appaji For Respondent :: Mrs.S.Prabha No.1 Government Advocate

O R D E R

This Criminal Original Petition is filed to quash the charge sheet in S.T.C. No.369 of 2013 on the file of the learned Judicial Magistrate No.1, Kuzhithurai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the State. 3.A reading of the charge sheet it is seen that on 08.09.2011, the petitioner herein had assaulted the defacto complainant in which the defacto complainant sustained simpled injuries. In this connection, the police have examined Dr.Isaac Sundarson about the injuries sustained by the defacto complainant. Since there are prima facie materials for the trial court to proceed, this Court does not find any merit in the case.

4. In the result, this petition is dismissed with liberty to the petitioner to raise all the points during trial. The trial court is directed to complete the trial within a period of six https://hcservices.ecourts.gov.in/hcservices/

months from the date of receipt of copy of this order. Consequently, the connected M.Ps are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To

1. The Sub Inspector of Police, Palugal Police Station, Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Judicial Magistrate No.I, Kuzhithurai +One cc to Mr.C.K.M.Appaji, Advocate, SR.No.16899 CM RL/5C/2P/GSV/PM/1/4/2016 Crl. O.P. (MD) No. 4970 of 2016 24/03/2016 https://hcservices.ecourts.gov.in/hcservices/