Madras High CourtCRL OP(MD)/3419/2017dismissed

Balamurugan, v. Kanmani,

2019-11-22Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P(MD)No.3419 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P(MD)No.3419 of 2017 and Crl.M.P(MD)No.2563 of 2017 Balamurugan ... Petitioner/Respondent vs.

1.Kanmani ... Respondent/Complainant 2.Kritinammal 3.Bhakiyarathi 4.Selvaraj 5.Thilaga 6.Perumal 7.Madhana 8.Murugan 9.Subbulakshmi 10.Ramakrishnan ... Respondents/Respondents (R2 to R10 deleted as per order of this Court made in Crl.O.P(D)No.3419 of 2017, dated 21.4.2017) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in M.C.No.3 of 2016 on the file of the learned Judicial Magistrate, Andipatti and to quash the same as devoid of merits. For Petitioner : Mr.M.Vijaya Rathinam For Respondent : No appearance

ORDER

This petition has been filed to call for the records in M.C.No.3 of 2016, on the file of the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.3419 of 2017 Andipatti and to quash the same as devoid of merits. 2.Heard the learned counsel for the Petitioner and perused the materials placed before this Court.

3.The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

4. This Criminal Original Petition is therefore dismissed, however, with a direction to the Court below to complete the proceedings in M.C.No.3 of 2016, on the file of the Judicial Magistrate, Andipatti within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) vsn To The Judicial Magistrate, Andipatti.

Crl.O.P(MD)No.3419 of 2017 and Crl.M.P(MD)No.2563 of 2017 22.11.2019 JMN(11.12.2019) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2