Madras High CourtCRL OP(MD)/2642/2011dismissed

K.Alagarsamy v. The Sub-Inspector Of Police

2017-10-25Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.2642 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 1.K.Alagarsamy 2.R.Alaguraja 3.C.Senthil Kumar ... Petitioners Vs.

1. State of Tamil Nadu, Rep. by its Sub-Inspector of Police, District Crime Branch, Dindigul.

2. C.Mothilal ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Charge Sheet in C.C.No.117 of 2010 on the file of the Judicial Magistrate Court No.II, Dindigul, and quash the same as illegal.

For Petitioners : Mr.Pinaygash for Mr.T.Lajapathi Roy For Respondent : Mr.K.Anbarasan R1 Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.117 of 2010 on the file of the Judicial Magistrate Court No.II, Dindigul.

2.Though the learned counsel for the petitioners raised several grounds for quashing C.C.No.117 of 2010, however, he seeks permission of this Court to permit the petitioners to raise all the grounds raised in this petition before the trial Court and also to dispense with the personal appearance of the petitioners in C.C.No.117 of 2010 on the file of the Judicial Magistrate Court No.II, Dindigul.

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3.I have heard the learned Government Advocate (Criminal side) for the first respondent.

4.Considering the limited request made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed with liberty to the petitioners to raise all the grounds raised in this petition before the trial Court and the personal appearance of the petitioners is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Dindigul.

2. -DO-Thro The Chief Judicial Magistrate Dindigul.

3. The Sub-Inspector of Police, District Crime Branch, Dindigul.

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

+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.83714 SMN2 VB/JC/SAR1/06/11/2017/2P/6C Crl.O.P.(MD)No.2642 of 2011 25.10.2017 https://hcservices.ecourts.gov.in/hcservices/