Madras High CourtCRL OP(MD)/11240/2015dismissed

M.Nagarajan v. The Inspector Of Police,

2019-10-18Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.11240 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.11240 of 2015 and MP(MD)No.1 of 2015 1.M.Nagarajan 2.N.Sivakumar ... Petitioners / Accused Nos.1 & 2 Vs.

1.State, rep.by the Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.317 of 2014) ...1st Respondent / de-jure Complainant 2.P.Kavitha ..2nd Respondent / Defacto complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records proceedings in C.C No.88 of 2015 on the file of the District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District, and quash the same. For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.Robinson, Government Advocate (crl.side for R1

ORDER

The petitioners are facing trial in C.C No.88 of 2015 on the file of the District Munsif cum Judicial Magistrate, Vedasanthur, Dindigul District for the offences under Section 9(B) (1) (b) of the Indian Explosives Act, 1988. The learned counsel for the petitioners reiterated the contentions set out in the memo of grounds. The principal ground is alibi. But then, these are the defences that will have to be established only in a regular trial. Therefore, leaving open all the contentions and defences, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

2.However, the relief of dispensing with the personal appearance of the petitioners is given. The learned trial judge https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.11240 of 2015 shall not insist the personal appearance of the petitioners unless it is necessary or imperative. Of course, the petitioners shall be represented by their counsel on all other occasions. Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) Skm To 1.District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

+2 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-93377[F] dated 21/10/2019 ) Crl OP(MD)No.11240 of 2015 and MP(MD)No.1 of 2015 18.10.2019 KK/SAR/03.01.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2