Madras High CourtCRL OP(MD)/10792/2015dismissed

P.Murugan v. The Inspector Of Police

2019-10-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD). No.10792 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD). No.10792 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.P.Murugan 2.S.Esakkirajan 3.M.Mariyappa Pillai 4.V.Subramanian @ Sambar 5.Arumugam ... Petitioners/Accused Nos.1 to 5 Vs 1.The State Represented by The Inspector of Police, Karivalavanthanallur Police Station, Tirunelveli District.

Crime No.143 of 2013.

... Respondent No.1/Complainant 2.Muthumari ... Respondents No.2/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the order in C.C.No.370 of 2014, on the file of the learned Judicial Magistrate Court, Sankarankovil and quash the same.

For Petitioners : No Appearance For R-1 : Mr.A.Robinson Government Advocate (Crl. side)

ORDER

None appears for the petitioners.

2.This petition has been filed to quash the proceedings in C.C.No.370 of 2014, on the file of the learned Judicial Magistrate Court, Sankarankovil.

3.The second respondent herein, Muthumari is the de-facto complainant, at her instance, Crime No.143 of 2013 was registered on the file of the Karivalavanthanallur Police Station. Investigation was conducted and final report came to be filed and cognizance of the offences under Sections 147, 294(b), 506(ii) of IPC and Section 4 of TNPHW Act, was taken. The case has been taken on file in C.C.No.370 of 2014. It is seen that the specific allegations have been made against the petitioners herein. This Court cannot undertake the exercise of appreciating facts. The petitioners will have to necessarily establish their defence only before the trial Court. It is not the case, in which, the inherent powers of this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD). No.10792 of 2015 Court can be exercised. Therefore, leaving open all the contentions and defence of the petitioners, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) sji To 1.The Judicial Magistrate, Sankarankovil.

2.The Inspector of Police, Karivalavanthanallur Police Station, Tirunelveli District.

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

Crl.O.P(MD). No.10792 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 15.10.2019 KK/SAR/03.12.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2