K.Deenadayalan v. D.Puvaneshwari Alias Naga

Crl.O.P.(MD).No.9078 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.9078 of 2017 and Crl.M.P.(MD).Nos.6161 & 6162 of 2017 K.Deenadayalan

...Petitioner/Respondent

Vs.

D.Puvaneshwari @ Nagalakshmi

...Respondent/1st Petitioner

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire report in connection with the DVOP No.34 of 2015, on the file of the learned Judicial Magistrate, Melur and quash the same as against this petitioner.

For Petitioner : Mr.S.Suresh Kumar Isaac Paul For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in DVOP No.34 of 2015, on the file of the learned Judicial Magistrate, Melur, as against this petitioner. 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. Hence, this Court is not inclined to entertain this Criminal Original Petition.

3.The learned counsel appearing for the petitioner submitted that the case is now at the stage of trial. It is yet another ground, why this Court does not want to interfere at this stage. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.9078 of 2017 4.This Criminal Original Petition stands dismissed. However, the learned Judicial Magistrate, Melur, is directed to complete the proceedings in DVOP No.34 of 2015, within a period of two 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) tsg To

1. The Judicial Magistrate, Melur.

+1CC TO MR.V.NAGENDRAN, Advocate Sr. No. 93071 Crl.O.P.(MD).No.9078 of 2017 17.10.2019 TR(04.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2