Madras High CourtCRL OP(MD)/5458/2016dismissed

S.K. Asees v. Noorukhan

2020-01-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.5458 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.5458 of 2016 and Crl MP(MD)No.2711 of 2016 1.S.K.Asees 2.Abdul Salam 3.Khader Beevi 4.Peer Mohamed 5.Shahul Hameed 6.Liyakath Ali ... Petitioners / Accused Nos.1 to 6 Vs.

Noorukhan ... Respondent / Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case now pending in C.C No.6 of 2016 on the file of the Judicial Magistrate, No.1, Kuzhithurai and quash the same. For Petitioners : Mr.N.Dilipkumar For Respondent : No appearance

ORDER

The petitioners are facing trial in a private complaint in C.C No.6 of 2016 on the file of the Judicial Magistrate No.1, Kuzhithurai for the offences under Sections 323, 324, 325, 326 & 506 (ii) IPC.

2.The learned counsel for the petitioners reiterated the contentions set out in the memorandum of grounds. The case of the defacto complainant is that he suffered a cut injury. He has also enclosed some medical records along with the complainant. 3.I am of the view that the petitioners will have to establish their innocence only before the trial court. Therefore, leaving open all the contentions and defences, this criminal original petition is disposed of. However, taking note of the facts and circumstances of the case, the personal appearance of the petitioners before the court below is dispensed with. Of course, they will have to appear on three occasions, namely, for answering the charges and at the time of examination under Section 313 of Cr.PC and again, at the time of pronouncement of judgment. On all https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.5458 of 2016 other occasions, the petitioners shall be represented by their counsel.

4.Accordingly, the criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) Skm To The Judicial Magistrate, No.1, Kuzhithurai.

+1 CC to Mr.N.DILIP KUMAR, Advocate ( SR-203[F] dated 03/01/2020 ) Crl OP(MD)No.5458 of 2016 and Crl MP(MD)No.2711 of 2016 02.01.2020 MK (19.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2