Madras High CourtCRL OP(MD)/17068/2018disposed of

Y. Joel Wesly v. The Sub Inspector Of Police

2018-09-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD] No.17068 of 2018 and Crl.M.P.(MD) Nos.7560 and 7561 of 2018 Y.Joel Wesly : Petitioner/Sole Accused vs.

1. State represented by The Sub Inspector of Police, Kotticode Police Station, Kumarapuram, Kanyakumari District. : 1st Respondent/Complainant

2. A.Rajendra Prasad :2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.126 of 2015 on the file of the learned Judicial Magistrate Court, Padmanabhapuram, Kanyakumari District and quash the same as illegal.

For Petitioner : Mr.V.M.Balamohan Thambi For R1 : Mr.M.Chandra Sekaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking to quash the proceedings in C.C.No.126 of 2015 pending on the file of the Judicial Magistrate Court, Padmanabhapuram, Kanyakumari District.

2.The C.C., is of the year 2015 and the offence alleged against the petitioner is under Sections 294(b), 332 and 506(ii) IPC. The allegation made in the final report as well as the statement of the witnesses makes out a prima facie case against the petitioner. Therefore, there are no grounds to quash the final report at this stage.

3.In the facts and circumstances of the case, the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District, is directed to complete the proceedings in C.C.No.126 of 2015 within a period of two months from the date of receipt of a copy of this order and report compliance before this Court after completion of the proceedings.

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4.This criminal original petition is disposed of with the above direction. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Judicial Magistrate, Padmanabhapuram, Kanyakumari District.

2. The Sub Inspector of Police, Kotticode Police Station, Kumarapuram, Kanyakumari District.

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

+1cc to Mr.V.M.Balamohan Thambi, Advocate Sr.No.86584 MM VB/SV/SAR4/16.10.2018/2P/5C Crl.O.P.[MD] No.17068 of 2018 25.09.2018 https://hcservices.ecourts.gov.in/hcservices/