Madras High CourtCRL OP(MD)/314/2011dismissed

John Paul @ J.J.Mannan v. The Inspector Of Police

2017-01-05Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.(MD) No.314 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 John Paul @ J.J.Mannan ... Petitioner/Sole Accused -vs1.The State rep. by the Inspector of Police, District Crime Branch, Thoothukudi District.

(Crime No.22 of 2008) ... 1st respondent/Complainant 2.R.Arumugam ... 2nd respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.171 of 2010 on the file of the learned Judicial Magistrate No.I, Thoothukdu, Thoothukudi District and quash the same.

For Petitioner :

Mr.R.Anand For 1st respondent :

Mr.C.Mayilvahana Rajendran, Addl. Public Prosecutor For 2nd respondent :

Mr.R.Mariappan

O R D E R

This criminal original petition has been filed by the petitioner/ sole accused seeking to quash the proceedings in C.C.No.171 of 2010 on the file of the learned Judicial Magistrate No.I, Tuticorin.

2.Heard the learned counsel appearing for both sides and perused the materials available on record.

3.The learned Additional Public Prosecutor appearing for the first respondent submitted that the petitioner has already filed a discharge petition in Crl.M.P.No.2390 of 2014 before the Court https://hcservices.ecourts.gov.in/hcservices/

below and the same is pending. The said statement is recorded. 4.Since the petitioner has already filed a discharge petition before the Court below, he can very well work out his remedy on the said petition. There is no need to proceed with this petition. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tuticorin.

2. -do- thro' The Chief Judicial Magistrate, Tuticorin.

2. The Inspector of Police, District Crime Branch, Thoothukudi District.

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

GCG TE/MR-VB : 07/02/2017 : 2P/5C Crl.O.P.(MD) No.314 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 05.01.2017 https://hcservices.ecourts.gov.in/hcservices/