Madras High CourtCRL OP(MD)/7007/2017dismissed

Manikandan v. The Inspector Of Police

2019-10-17Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD).No.7007 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.7007 of 2017 and Crl.M.P.(MD) Nos.4753 & 4754 of 2017 Manikandan ... Petitioner/Sole Accused vs.

1) State rep by The Inspector of Police, Valandur Police Station, Madurai District.

(Crime No.37 of 2014) ... 1st Respondent/Complainant

2) P.Ganesan ... 2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the Charge Sheet in S.T.C.No.547 of 2016, pending on the file of the Judicial Magistrate, No.II, Usilampatti, Madurai District and quash the same.

For Petitioner : Mr.P.Senguttuarasan For R1 : Mr.S.Chandrasekar, Additional Public Prosecutor For R2 : Mr.T.Poovanalingam ******

O R D E R

This Criminal Original Petition has been filed to call for the records in S.T.C.No.547 of 2016 on the file of Judicial Magistrate, No.II, Usilampatti, Madurai District and quash the same in respect of Petitioner concerned.

2.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.

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Crl.O.P.(MD).No.7007 of 2017 3.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C.No.547 of 2016 on the file of Judicial Magistrate, No.II, Usilampatti, Madurai District within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) sts To

1. The Judicial Magistrate, No.II, Usilampatti, Madurai District

2. The Inspector of Police, Valandur Police Station, Madurai District.

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

Order made in Crl.O.P.(MD).No.7007 of 2017 Dated:

17.10.2019 CS(07.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2