Madras High CourtCRL OP(MD)/16985/2017disposed of

Kamala Ganapathi v. The Inspector Of Police

2020-09-22Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.16985 of 2017 and Crl.MP(MD)Nos.11177 and 11178 of 2017 Kamala Ganapathi : Petitioner/A2 Vs.

1.The State rep. by its The Inspector of Police, D-3, Koodalpudur Police Station, Madurai District.

(Crime No.1244 of 2016) : R1/Complainant 2.Alagendran : 2nd Respondent/ De-facto Complainant Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in PRC No.15 of 2017 on the file of the Judicial Magistrate No.IV, Madurai and quash the same as illegal as against the petitioner is concerned.

For Petitioners : Mr.J.Jeyakumaran For 1st Respondent : Mr.R.Srinivasan Government Advocate (Criminal side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed seeking for a direction to quash the case in PRC No.15 of 2017 on the file of the Judicial Magistrate No.IV, Madurai.

2.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the 1st respondent submitted that in this case, before the trial court most of witnesses were examined and now the case is posted for the examination of the Investigating Officer.

3.The above said fact is not disputed by the learned counsel appearing for the petitioner.

4.Under the above circumstances, this court is of the considered view that at this stage, the relief sought for by the petitioners cannot be granted.

5.In view of the above fact, this criminal original petition is disposed of with a direction to the trial court namely the Judicial Magistrate No.IV, Madurai, to dispose of the case in PRC https://hcservices.ecourts.gov.in/hcservices/

No.15 of 2017 purely on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) er To, 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, D-3, Koodalpudur Police Station, Madurai District.

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

Crl.OP(MD)No.16985 of 2017 22.09.2020 SCR(CO) KB(12.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/