Madras High CourtCRL OP(MD)/3536/2018dismissed

Paulraj v. The Inspector Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.3536 of 2018 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3536 of 2018 and Crl.M.P.(MD) No.1679 2018 1.Paulraj 2.Thangavel 3.Lakshmithai 4.Ramasamy 5.Munusayammal 6.Jeyalakshmi ... Petitioners/Accused Nos.2 to 7 Vs 1.The State rep. by Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District, Crime No.9 of 2017 ... Respondent/Complainant 2.Karthikai Priya ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in connection with the impugned charge sheet in C.C.No.116 of 2017 on the file of the Judicial Magistrate No.II, Srivilliputhur and quash the same. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for R1

O R D E R

This petition has been filed to quash the C.C.No.116 of 2017 on the file of the Judicial Magistrate No.II, Srivilliputhur as against the petitioners.

2.The learned Government Advocate (criminal side) would submit that in this case, the trial has been commenced and P.Ws.1 and 2 were examined as prosecution witnesses and the case is posted for further witnesses.

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CRL.O.P (MD) No.3536 of 2018 3.This Court find no merits in the grounds raised by the petitioners to quash the criminal proceedings. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Government Advocate (criminal side), in this case, trial has been commenced and P.Ws.1 and 2 were examined. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. However, since the case is of the year 2017, the learned Judicial Magistrate No.II, Srivilliputhur is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District, 2.The Judicial Magistrate No.II, Srivilliputhur.

COPY TO:

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

+1 CC to M/s.G.THALAIMUTHUTHARASU, Advocate ( SR-86728[F] dated 16/09/2019 ) +1 CC to M/s.S.VENKATESH, Advocate ( SR-86734[F] dated 16/09/2019 ) Order made in CRL.O.P (MD) No.3536 of 2018 13.09.2019 arul JM/25.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2