Madras High CourtCRL OP(MD)/18048/2016dismissed

R.Ponkalaban, v. The Inspector Of Police,

2020-07-29Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.18048 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.18048 of 2016 and Crl.M.P.(MD)Nos.8999 and 9000 of 2016 1.R.Ponkalaban 2.R.Selvam 3.Rethinasigamani 4.R.Ponsarathi 5.R.Pranav 6.P.Srija 7.R.Ponregu 8.R.Kanagam : Petitioners/Accused Nos 1 to 8 Vs.

1.The State Represented by The Inspector of Police, All Women Police Station, Nagarcoil,Kanyakumari District.

(Crime No.8 of 2016) : 1st Respondent/Complainant 2.Mrs.M.Sindhuja : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to the charge sheet in C.C.No.108 of 2016 on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District, in Crime No.8 of 2016, dated 25.02.2016 on the file of the first respondent for offences under Sections 498(A), 506(1) of the Indian Penal Code and Section 4 of TNPWH Act, 2002 and Section 4 of Dowry Prohibition Act, 1961 on the file of the first respondent and quash the same as illegal. For Petitioners : Mr.T.Lajapathi Roy For Respondent No.1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) For Respondent No.2 : Mr.M.Suri

ORDER

The present petition has been filed to quash the criminal proceedings in C.C.No.108 of 2016 pending on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent, on instructions, would submit that now the case has been transferred to the file of the Additional Mahila Court, Nagercoil https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18048 of 2016 and re-numbered as 'C.C.No.250 of 2018'. He would further submit that trial in C.C.No.250 of 2018 has already commenced and almost all the witnesses except the Investigating Officer were examined. The learned counsel for the petitioners is not in a position to dispute the same.

3. Considering the fact that already trial has commenced and almost all the witnesses have been examined, I am not inclined to quash the proceedings at this stage. Hence, this Criminal Original Petition is dismissed. However, the Additional Mahila Court, Nagercoil, is directed to complete the trial in C.C.No.250 of 2018 and dispose of the case, as expeditiously as possible, preferably before 31.01.2021. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sml Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Nagarcoil, Kanyakumari District.

3. The Additional Mahila Court, Nagercoil.

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

Order made in Crl.O.P.(MD)No.18048 of 2016 Dated: 29.07.2020 sma/05/08/2020/2p/5c https://hcservices.ecourts.gov.in/hcservices/ 2/2