Madras High CourtCRL OP(MD)/7996/2023dismissed

Bibin v. The Inspector Of Police

2024-07-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Bibin ... Petitioner Vs

1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No. 165/2019)

2. Elango ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC No. 522 of 2022 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District and quash the same. For Petitioner : Mr.R.Russel Raj For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 1/4

ORDER

The petitioner is accused in STC.C.No.522 of 2022 on the file of the learned Judicial Magistrate, Eraniel, Kanniyakumari District, for the offence under Sections 341, 323, 294(b) and 506(i) IPC. He has filed this petition to quash the proceedings pending against him.

2. The case of the prosecution is that due to some dispute, the petitioner along with other accused abused the defacto complainant in filthy language and attacked him and also threatened him. Hence the case.

3. The learned Counsel for the petitioner submits that the petitioner is in abroad and the co-accused were acquitted by the trial Court. Hence, he prays to quash the proceedings in STC No.522 of 2022.

4. The learned Government Advocate (Crl. Side) submits that the co-accused have been acquitted on benefit of doubt.

5. Considering the submission of the learned Government Advocate (Crl. Side) that the trial Court has acquitted the co-accused on the benefit of doubt, this Court is not inclined to entertain this petition. 2/4

6. Accordingly, this Criminal Original Petition is dismissed with a direction to the petitioner to appear before the trial Court and the trial Court is directed to conclude the trial as expeditiously as possible. 08.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr To

1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

3/4

B.PUGALENDHI,J jbr 08.07.2024 4/4