Madras High CourtCRL OP(MD)/16117/2019allowed

A. Thamizharasan v. The Inspector Of Police

2019-11-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.16117 of 2019

1. A.Thamizharasan

2. K.Ashok Kumar

3. R.Krishnakumar

4. M.Selvakumar : Petitioners/Accused No. 1 to 4 Vs.

1.The Inspector of Police Sivagangai Town Police Station Sivagangai District : Respondent No.1/Complainant 2.K. Mahendran ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to Call for the records pertaining to Charge Sheet in CC No.156/2018 pending before the learned Judicial Magistrate No.1, Sivagangai, Sivagangai District in Cr.No.527/2017 u/s.147, 148, 294(b), 323, 324, 506(ii), r/w 120(b) of IPC dt., 05.07.2017 on the file of the first respondent and quash the same as illegal For Petitioners : Mr.I. Pinaygash For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in CC No.156 of 2018 pending before the learned Judicial Magistrate No.1, Sivagangai, Sivagangai District. 2.The learned counsel appearing for the petitioners would submit that the petitioners are Government servants. In respect of dispute arising out of running a association a false case has been registered against the petitioners.

3.The learned Additional Public Prosecutor submitted that there are materials available to proceed with the case as against the petitioners herein and at the threshold, the criminal proceedings cannot be quashed and the charges framed against the petitioners have to be gone into a full-fledged trial. Further, he would submit that the trial has also commenced and hence, he prayed for dismissal of the petition.

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4. At this juncture, the learned counsel appearing for the petitioners prayed that the trial Court may be directed to complete the trial within a period of three months from the next hearing date

6. Under such circumstances, the trial Court is directed to complete the trial within a period of three months from the next hearing date.

7.Accordingly, this Criminal Original Petition dismissed. Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No.1, Sivagangai, Sivagangai District 2.The Inspector of Police Sivagangai Town Police Station Sivagangai District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1CC TO MR.I.PINAYAGASH, Advocate Sr. No. 794 Crl.O.P.(MD)No.16117 of 2019 08.01.2020 kg(CO) TR(28.01.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2