Gajendran, v. R.Avudai Sangu,

Crl.O.P(MD).No.16210 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.16210 of 2018 and Crl.M.P.(MD)Nos.7182 and 7183 of 2018 1.Gajendran 2.Muthukrishnan 3.Subramanian 4.R.Balamurugan ... Petitioners / Accused Nos.1 to 4 Vs R.Avudai Sangu ... Respondent / Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in P.R.C.No.83 of 2015, on the file of the learned Judicial Magistrate No.II, Kovilpatti and quash the same as illegal and violation of law.

For Petitioners : Mr.M.Prabhu

ORDER

This Criminal Original Petition has been filed for quashing the proceedings in P.R.C.No.83 of 2015, on the file of the learned Judicial Magistrate No.II, Kovilpatti.

2.It is a case arising under the SC/ST Act. It is a private complaint.

3.The learned counsel appearing for the petitioners states that the respondent/Avudai Sangu is no more. It is true that this proceedings can be continued by the legal representative. But then, the legal representative will not have any personal knowledge of what has happened. It will be simply impossible to the case against the petitioners herein. The possibility of the conviction just not plea but zero.

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Crl.O.P(MD).No.16210 of 2018 4.In this view of the matter, the continuance of the impugned prosecution will only needlessly consume time. Hence, the impugned proceedings stand quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To The Judicial Magistrate No.II, Kovilpatti.

+1 CC to M/s.M.PRABU, Advocate ( SR-12169[F] dated 18/03/2020 ) Crl.O.P(MD).No.16210 of 2018 17.03.2020 CV/(15.05.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2