Madras High CourtCRL OP(MD)/12475/2015allowed

Stuart John, v. Christhu Doss

2019-10-18Honourable Mr Justice G.R.Swaminathan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.12475 of 2015 and MP(MD)Nos.1 & 2 of 2015 1.Stuart John 2.Paul Thangam 3.Palsi ... Petitioners / Accused Nos.1 to 3 Vs.

Christhu Doss ... Respondent / Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records bearing C.C No.239 of 2015 on the file of the Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, and quash the same as illegal and devoid of merits.

For Petitioners : Mr.S.Palani Velayutham For Respondent : Mr.A.Thiruvadikumar

ORDER

The petitioners stand accused in C.C No.239 of 2015 on the file of the Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District for the offences under Sections 294(b), 323, 324, 506(ii) r/w.34 of IPC. The complainant is none other than the respondent herein, namely, Christhu Doss. It is seen that Christhu Doss is facing trial in C.C No.37 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai. Thus, in the police case the first petitioner namely Stuart John is the defacto complainant. Offences that are subject matter of the said case are also on the same lines. 2.This Court suggested to the counsel on either side that both the cases can be quashed and the matter can thus be given quietus. Christhu Doss has not filed any quash petition for quashing C.C No.37 of 2014.

However, invoking my inherent powers under Section 482 of Cr.Pc, I quash not only C.C No.239 of 2015 but also C.C No.37 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai. Accordingly, this criminal original petition stands allowed on these terms. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Skm To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari Dt +1 CC to M/s.A.THIRUVADI KUMAR, Advocate ( SR-93325[F] +1 CC to M/s.S.PALANIVELAYUTHAM, Advocate ( SR-93344[F] Crl OP(MD)No.12475 of 2015 and https://hcservices.ecourts.gov.in/hcservices/ MP(MD)Nos.1 & 2 of 2015 SMA/30/01/2020/1P/4C 18.10.