Madras High CourtCRL OP(MD)/9367/2024dismissed

Muthukumar v. The Inspector Of Police

2024-07-02Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI and CRL.O.P.(MD)Nos.6410 & 6411 of 2024

1. Muthukumar,

2. Vijayakumar,

3. Subash ... Petitioners Vs

1. State rep. by The Inspector of Police, Karur Town Police Station, Karur.

(Crime No.850/2020)

2. Srikanth ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the charge sheet in CC.No. 137/2023 pending before the learned Judicial Magistrate No.I, Karur and quash the same as against the petitioners.

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For Petitioners : Mr. J. Senthil Kumaraiah For R-1 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

The petitioners have filed this petition, seeking to quash the proceedings in CC No.137 of 2023 on the file of the learned Judicial Magistrate No.I, Karur.

2. The case of the prosecution is that on 20.07.2020 at about 10.00 a.m, while the defacto complainant was standing near Kanthan Finance at Karur, the petitioners abused the defacto complainant in filthy language and attacked him. Hence, the case.

3. The learned Counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence the same is liable to be quashed.

4. The learned Government Advocate (Crl.Side) appearing for the 2/4

first respondent submits that it is a matter for trial and these grounds can be raised before the trial Court.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

6. Though the petitioners have raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Criminal Original Petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court, during the trial. Consequently, the connected miscellaneous petitions are closed. 02.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/4

B.PUGALENDHI , J.

jbr To

1. The Inspector of Police, Karur Town Police Station, Karur.

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

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