Ganeshpandian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.9799 of 2025 and Crl MP(MD)Nos.7220 and 7221 of 2025 1.Ganeshpandian 2.Sundareswaran ... Petitioner Vs.

1.The State of Tamil Nadu rep by The Inspector of Police Station, Bazar Police Station, Ramanathapuram District.

[Crime No.248 of 2024] 2.Nandhini

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the entire records connected with CC No.144 of 2024 on the file of the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram in Crime No.248 of 2024 on the file of the respondent No.1 and quash the same as illegal. For Petitioners : Mrs.Vigneshwari For R1 : Mr.AS.Abul Kalam Azad Government Advocate (Crl. Side) 1/4

ORDER

The petitioners have filed this criminal original petition to quash the proceedings pending in CC No.144 of 2024 on the file of the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram. 2.The learned Counsel for the petitioner submits that it is a false case and a civil dispute has been given a criminal colour. Further there is a delay in sending the FIR to the Court. There is no medical record produced by the defacto complainant.

3.The learned Government Advocate (Crl Side) appearing for the respondent police submits that the grounds raised by the petitioners shall be appreciated during the trial.

4.The petitioners have raised several grounds. This Court is of the opinion that it can be appreciated only during the trial, as it is a matter for trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court, during 2/4

trial. Consequently, connected miscellaneous petitions are closed. 5.The learned Counsel for the petitioners at this stage submits that the 2nd petitioner is working in abroad and therefore his personal appearance before the trial Court may be dispensed with. 6.Considering this submission of the learned Counsel, the personal appearance of the 2nd petitioner is dispensed with before the trial Court, however, he shall appear as and when required by the trial Court.

11.06.2025 DSK To 1.The Judicial Magistrate cum Additional Mahila Court, Ramanathapuram.

2. The Inspector of Police Station, Bazar Police Station, Ramanathapuram District.

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

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B.PUGALENDHI,J DSK 11.06.2025 4/4