Madras High CourtCRL OP(MD)/16113/2016allowed

Pommuthai v. The Sub Inspector Of Police

2020-02-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16113 of 2016 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16113 of 2016 and CRL.M.P.(MD)Nos.7814 & 7815 of 2016 Pommuthai ... Petitioner/Accused No.8 Vs.

1. The State rep. by, The Sub-Inspector of Police, Puthiyamputhur police station, Thoothukudi District.

(Crime No.165 of 2015) ... Respondent-1/Complainant

2. Meenammal ... Respondent-2/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in C.C.No.576 of 2015 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side).

For R-2 : Mr.P.Banuprasath

O R D E R

The petitioner is figuring as an accused in C.C.No.576 of 2015 on the file of the Judicial Magistrate No.I, Thoothukudi.

2. The petitioner is aged about 92 years. At this age, to ask her to face the trial for the offences under Section 147 of I.P.C, in my view is preposterous. Therefore, the impugned proceedings stand quashed as far as the petitioner is concerned. The impugned proceedings can go on against the remaining accused.

3. The criminal original petition stands allowed. The Court below is directed to conclude the proceedings in C.C.No.576 of 2015 in accordance with law within a period of six months from https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16113 of 2016 and the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) PMU To:

1. The Judicial Magistrate No.I, Thoothukudi, Thoothukudi District.

2. The Sub-Inspector of Police, Puthiyamputhur police station, Thoothukudi District.

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

+1 CC to M/s.P.BANU PRASATH, Advocate ( SR-9004[F] dated 27/02/2020 ) +1 CC to MR.R.ANAND, Advocate ( SR-8517[F] dated 26/02/2020 ) Crl.O.P.(MD)No.16113 of 2016 25.02.2020 KM (08.06.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2