Madras High CourtCRL OP(MD)/6188/2016dismissed

Mahendran v. Mohan Singh

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.6188 of 2016 1.Mahendran 2.Rajendran ..Petitioners Vs Mohan Singh S/o.Madan Singh 29 Muruguvinayagar Nagar, Musiri Trichy .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the proceedings in STC No.1920 of 2014 on the file of the learned Judicial Magistrate, Musiri, Trichy District by allowing the above criminal original petition. For Petitioner :No appearance

O R D E R

The respondent has filed a private complaint against the petitioners before the Judicial Magistrate, Musiri in STC No.1920 of 2014 for alleged offences under Sections 294(b) and 323 IPC. The learned Judicial Magistrate recorded a sworn statement of the complainant under Section 200 Cr.P.C. and also examined the witnesses under Section 202 Cr.P.C. Totally four witnesses have been examined. Accident Register copy has also been marked as exhibit. After considering the evidence adduced by the prosecution, the Judicial Magistrate, Musiri has taken cognizance of the offences under Sections 294(b) and 323 IPC against A1 and A2, who are the petitioners before this Court. Challenging the cognizance order, the petitioners has preferred the present petition.

2. On 15.04.2016, a request was made for adjournment to 21.04.2016. On 22.04.2016, there was no representation and hence, the matter was posted today for dismissal. Today also, there is no representation for the petitioners. Therefore, this Court perused the entire records, including the deposition of the witnesses CW1 to CW4, who were examined before the Judicial Magistrate, Musiri. This Court does not find any infirmity in the https://hcservices.ecourts.gov.in/hcservices/

impugned order, since prima facie materials are available, the Judicial Magistrate has issued summons to the accused/petitioners. Under such circumstances, the impugned order does not suffer from any infirmity or illegality. Hence, the criminal original petition is dismissed.

Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Musiri, Trichy District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

sm:GSV:12.5.2016:2P/3C Crl.OP(MD) No.6188 of 2016 https://hcservices.ecourts.gov.in/hcservices/