Madras High CourtCRL OP(MD)/2898/2018dismissed

Manimegalai v. The Inspector Of Police

2019-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No. 2898 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No. 2898 of 2018 and Crl.M.P.(MD) Nos. 1314 & 1315 of 2018 Manimegalai

...Petitioner/2nd Accused

Vs.

1. The State represented by, The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No.21 of 2017) ...1st respondent/Complainant 2.S. Selvakumari ...2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the proceedings in C.C. No.786 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai, consequently quash the same as illegal as against the petitioner and devoid of merits.

For Petitioner : Mr.M. Jegadeesh Pandian For Respondent-1 : K. Suyambulinga Bharathi Government Advocate(Crl. Side) For Respondent-2 : Mr. R. Anand

ORDER

This petition has been filed to quash the proceedings as against the petitioner in C.C. No.786 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that the trial has already commenced in this case and prosecution has examined witnesses P.W.1 to P.W.5 and yet to examine only the Investigating Officer. At this stage, the entire proceedings cannot be quashed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No. 2898 of 2018

3. In view of the aforesaid submission, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial proceedings in C.C.No. 786 of 2017, within a period of Eight (8) weeks from the date of receipt of copy of this order.

Sd/- Assistant Registrar (Ad-I) // True Copy // Sub Assistant Registrar(CS) To

1. The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

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

Crl.O.P.(MD) No. 2898 of 2018 17.09.2019 CS(10.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2