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Madras High CourtCRL OP(MD)/19514/2014dismissed

M. Sankaran v. The Inspector Of Police

2019-09-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.19514 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.19514 of 2014 and MP(MD)Nos.1 & 2 of 2014 M.Sankaran ... Petitioner Vs.

1.The State, rep.by the Inspector of Police, District Crime Branch, Ramanathapuram District.

2.Periyakaruppan ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the C.C No.329 of 2009 on the file of the learned Judicial Magistrate, Paramakudi and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.A.Robinson, Government Advocate (crl.side) for R1 No appearance for R2

ORDER

The petitioner is facing trial in C.C No.329 of 2009 on the file of the learned Judicial Magistrate, Paramakudi for the offences under Sections 465, 468, 471, 409, 420 r/w.120(b) of IPC. The petitioner was working as Assistant Quality Inspector in the Tamil Nadu Civil Supplies Corporation, Paramakudi Godown during the relevant time. The case of the prosecution is that based on the forged coupon, PDS rice was released from Tamil Nadu Civil Supplies Corporation Paramakudi Godown to the godown of District Consumer Cooperative Wholesale Stores for virtually sell them in the black market. The case of the petitioner is that he acted in a bonafide manner and that he was not aware that the coupon in question was forged or genuine one. He had proceeded on the premise that it was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.19514 of 2014 a genuine one.

2.I am of the view that this is a matter for regular trial and that the contention raised by the petitioner has to be established only before the trial court. Therefore, leaving open all the contentions and defences, this criminal original petition stands dismissed. Connected miscellaneous petitions are closed. The C.C is of the year 2009. Therefore, the learned Judicial Magistrate, Paramakudi is directed to conclude the trial within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Skm To 1.The Inspector of Police, District Crime Branch, Ramanathapuram District.

2.The Judicial Magistrate, Paramakudi.

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

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-87420[F] dated 18/09/2019 ) Crl OP(MD)No.19514 of 2014 and MP(MD)Nos.1 & 2 of 2014 17.09.2019 JMN(04.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2