Arumugam v. State Of Tamilnadu Rep By Inspector Of Police, Kurangani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) Nos.7824 & 7825 of 2025 1.Arumugam 2.Subburaj 3.Backiaraj 4.Bosammal 5.Subbulakshmi 6.Mahamani 7.Manikandan 8.Sakthivel ... Petitioners Vs 1.The State Rep by the Inspector of Police, Kurangani Police Station, Theni District.

2.Balasubramani

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the proceedings in CC No.79 of 2019, on the file of the Judicial Magistrate Court, Bodinayakanur, Theni District and quash the same. For Petitioners : Mr.R.Murugappan For R1 : Mr.A.S.Abul Kalaam Azad Government Advocate 1/5

O R D E R

The petitioners/ accused in CC No.79 of 2019, on the file of the Judicial Magistrate Court, Bodinayakanur, Theni has moved this application that a case has been registered as against them, for the offence under Sections 147, 148, 448, 323, 427, 506(ii) and 341 IPC and a final report was also filed in a mechanical manner without even examining the injured witness. Therefore, to quash the proceedings in CC No.79 of 2019, the petitioners have approached this Court. 2.Mr.A.S.Abul Kalaam Azad, learned Government Advocate takes notice for the first respondent and objects to quash the proceedings as against these petitioners as the case is of the year 2019 and now it is posted for defense side evidence.

3. The learned counsel for the petitioner submits that the case in Crime No.38 of 2017 itself has been registered based on the statement given by the watchman of the defacto complainant, who is a hearsay evidence. The learned counsel fairly admits that the final report 2/5

was filed in the year 2019 and trial has also been commenced. Now the prosecution evidence has been completed and the case is posted for defense side witnesses.

4. In view of the above, this Court is not inclined to entertain this Criminal Original Petition. Accordingly, this Criminal Original Petition is dismissed with liberty to this petitioner to workout his remedy in the trial, which is pending in CC No.79 of 2019 before the Judicial Magistrate Court, Bodinayakanur. The learned Judicial Magistrate shall conclude the trial within a period of two months from the date of receipt of copy of this order. Consequently, connected Miscellaneous petitions are closed.

23.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Judicial Magistrate Court, Bodinayakanur 2.The Inspector of Police, Kurangani Police Station, Theni District.

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B.PUGALENDHI,J vrn Order made in Crl.MP(MD) Nos.7824 & 7825 of 2025 23.06.2025 5/5