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Madras High CourtCRL OP(MD)/13532/2020disposed of

Balamurugan v. The Inspector Of Police

2021-04-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13532 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 13532 of 2020 and Crl.MP(MD).Nos.6209 & 6211 of 2020

1. Balamurugan S/o. Jeyakumar

2. Balamurugan S/o. Bose

3. Thavasupandi

4. Santhosh Prabhu ... Petitioners/Accused 1 to 4 Vs.

1. State rep. by the Inspector of Police, Palayanur Police Station, Sivagangai District.

(Crime No.8 of 2020) ...1st Respondent/Complainant

2. Senkaipillai ... 2nd Respondent/Defacto Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records pertaining to the P.R.C.No.15 of 2020 on the file of the learned District Munsif-cum-Judicial Magistrate, Thiruppuvanam and quash the proceedings as against the Petitioners herein and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners : Mr.P.Saravanakumar For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1.

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the P.R.C.No.15 of 2020 on the file of the learned District Munsif-cum, Judicial Magistrate, Thiruppuvanam and quash the proceedings as against the petitioners.

2. The case of the prosecution is that on 15.01.2020 at about 5.30 p.m., when the defacto complainant was standing near Santhiveeran Koil, Keelarangiyam along with some village persons, due to Panchayat President election motive, the accused persons came there with armed weapons and abused the defacto complainant by using filthy language and attacked the defacto complainant with the said weapons and caused injury. On hearing the sound of the defacto complainant, the neighbours came there and the accused persons threatened the defacto complainant and fled away from the scene of occurrence.

3. Today, when the matter is taken up for hearing, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13532 of 2020 Government Advocate (Crl.Side) would submit that after completing the investigation in both the cases, the Investigation Officer filed the final report and the trial is posted for appearance of the accused.

4. The learned counsel for the petitioners has submitted that the time may be fixed by this Court for disposal of trial proceedings. Since there is a stay of the proceedings, the case is not yet committed to the Session Court.

5. Since stay is vacated today, the said Court shall proceed with the committal proceedings and complete the same within a month from the date of receipt of a copy of this order.

6. With these directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Munsif-Cum- Judicial Magistrate Thiruppuvanam.

2. The Inspector of Police, Palayanur Police Station, Sivagangai District.

Copy to:

1.The Registrar (Judicial) Madurai Bench of Madras High Court, Madurai.

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

Crl.O.P.(MD)No.13532 of 2020 15.04.2021 CN(12.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2