M.Shahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.20558 of 2013 and M.P.(MD) Nos.1 and 2 of 2013

1. M.Shahul Hameed

2. Jailani Beevi 3.S.Ajmeer Kaja 4.S.Sowber Nisha ..Petitioners/Accused No.1 to 4 Vs.

1. The State Represented by The Inspector of Police Central Crime Branch Madurai City (In CC No. 41 of 2012) .. Respondent No.1/Complainant

2. Syed Abdul Kader Jubli

3. Shavathi Beevi ..Respondents No.2 and 3/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for record on the file of the learned Judicial Magistrate No.I, Madurai in CC No.41 of 2012 and quash the same as illegal.

For Petitioners : Mr.S.M.A.Jinnah For Respondents No.1 : Mr.V.Neelakandan Additional Public Prosecutor No.2 : Mr.Syed Abdul Kader Jubli No.3 : Mr.Sharathi Beevi

O R D E R

This quash petition is filed to quash the criminal proceedings in CC No.41 of 2012 on the file of the learned Judicial Magistrate No.I, Madurai https://hcservices.ecourts.gov.in/hcservices/

2.It is seen from the records that no grounds are raised by the learned counsel for the petitioners to quash the criminal proceedings against them. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned counsel for the Additional Public Prosecutor, in this case, trial has been commenced. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed. 3.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, considering the year of the case, the learned Judicial Magistrate No.I, Madurai is directed to dispose of the case,within a period of six months from the date of receipt of copy of this order. The petitioner is at liberty to raise all the grounds before the trial Court. The personal appearance of the first and second petitioners before the trial Court is dispensed with, except the dates of hearing, on which, the learned Sessions Judge insisted upon the petitioners to appear before the Court.

Sd/ Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate No.I, Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.M.A.JINNAH, Advocate, SR.No.87338 Crl.O.P.(MD).No.20558 of 2013 and M.P.(MD) Nos.1 and 2 of 2013 26.09.2018 AAV KK/SKN/SAR-4/27.10.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/