Hyder Ali v. The Inspector Of Police

Crl.O.P.(MD).No.13822 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13822 of 2019 an Crl.M.P.(MD) Nos.8432 and 8434 of 2019 Hyder Ali ... Petitioner - Vs. - 1.State of Tamil Nadu rep. by The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

2.M.Abdahir ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the criminal proceedings in C.C.No.131 of 2015 on the file of the Judicial Magistrate, Uthamapalayam, Theni District and quash the same. For Petitioner : Mr.S.Titus For R1 : Mr.K.Suyambulinga Bharathi, G.A (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the criminal proceedings in C.C.No.131 of 2015 on the file of the Judicial Magistrate, Uthamapalayam, Theni District. 2.The learned Government Advocate (criminal side) would submit that the first respondent police registered a case in Cr.No.299 of 2013 for the offences under Sections 294(b) and 505(b) of I.P.C., and after investigation, they have filed charge sheet before the learned Judicial Magistrate, Uthamapalayam and the same has been taken cognizance in C.C.No.131 of 2015 and the case is pending. He would further submit that even from the date of taking cognizance of the offence, the petitioner never appear before the trial Court and hence, the learned Judicial Magistrate issued Non Bailable Warrant as against the petitioner and it is pending till today and hence, he prayed for dismissal of the petitioner.

3.Considering the submission made by the learned Government Advocate (criminal side) and also considering the facts and circumstances of the case, this Court is of the view that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.13822 of 2019 petitioner is not entitled to any relief sought for by the petitioner and hence, this petition is devoid of merits and the same is dismissed accordingly. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

2.The Judicial Magistrate, Uthamapalayam, Theni District.

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

Crl.O.P.(MD).No.13822 of 2019 17.10.2019 KM/(08.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2