Shijukuttan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18975 of 2019 and Crl.M.P.(MD)Nos.11132 and 11133 of 2019 Shijukuttan : Petitioner Vs.

1.The State rep The Inspector of Police, Athirampattinam Police Station Thanjavur District 2.Nadimuthu : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No. 89 of 2015 on the file of the learned Judicial Magistrate, Pattukottai and quash the same.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No. 89 of 2015 on the file of the learned Judicial Magistrate, Pattukottai.

2.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case with oblique motive. The respondent police conducted the investigation in a mechanical manner and filed the charge sheet as against the petitioner. He would also submit that the petitioner hails from Kerala and hence, sought for quashment of the proceedings.

3.The learned Additional Public Prosecutor submitted that there are materials available to proceed with the case as against the petitioner herein and at the threshold, the criminal proceedings cannot be quashed and the charges framed against the petitioner has to be gone into a full-fledged trial. Further, he would submit that the trial has also been commenced and hence, he prayed for dismissal of the petition.

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4.This Court is of the view that all the grounds can be raised before the trial Court and there is no merit in the quash petition. 5.Accordingly, this Criminal Original Petition dismissed. Consequently, connected Miscellaneous Petitions are closed. However the trial Court shall take all endeavour to complete the trial within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(Crl side) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate, Pattukottai

2. The Inspector of Police, Athirampattinam Police Station Thanjavur District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.D.S.HAROON, Advocate ( SR-105964[F] dated 19/12/2019 ) Crl.O.P.(MD)No.18975 of 2019 and Crl.M.P.(MD)Nos.11132 and 11133 of 2019 18.12.2019 gkg(CO) TR(03.01.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2