R.Kanagam vs State Represented By on 11 October, 2018

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Madras High Court

R.Kanagam vs State Represented By on 11 October, 2018

Bench: G.K.Ilanthiraiyan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 11.10.2018  

CORAM   

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN           

Crl.O.P.(MD).No.11055 of 2014 
and 
M.P.(MD) Nos.1 and 2 of 2014 

R.Kanagam                                        ..Petitioner

                                      Vs.

1.State represented by
   Deputy Superintendent of Police,
   Alangulam Circle,
   Tirunelveli District.

2.State represented by
   The Inspector of Police,
   Alangulam Police Station,
   Tirunelveli District.
   Crime No.07 of 2013

3.Senthamaraiselvi                              ..Respondents 

PRAYER: This Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the charge
sheet in C.C.No.249 of 2013 dated 05.04.2013 pending before the Judicial
Magistrate Court, Thenkasi in  crime No.7 of 2012 dated 04.01.2012 on the
file of the respondent No.2 under Section 120(B), 341, 353, 294(b), 506(ii)
of I.P.C. and quash the same as illegal.

!For Petitioner : Mr.T.Lajapathi Roy

For Respondents   : Mr.A.P.G.Ohm Chairma Prabhu    
                                   Govt. Advocate (Crl. Side)
                                        for R1 and R2
                                  No Appearance for R3 



                                
                                        
:ORDER

This quash petition is filed to quash the criminal proceedings in C.C.No.249 of 2013 dated 05.04.2013 pending before the Judicial Magistrate Court, Thenkasi as against the petitioner.

2.The learned Government Advocate (criminal side) would submit that in this case, the trial has been commenced and P.W.1 was examined as prosecution witnesses.

3.This Court find no merits in the grounds raised by the petitioner to quash the criminal proceedings against her. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned Government Advocate (criminal side), in this case, trial has been commenced and P.W.1 was examined. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, personal appearance of the petitioner before the trial Court is dispensed with, except the date on which, the trial Judge insisted the petitioner to appear before the Court. Further, since the case is of the year 2014, the learned Judicial Magistrate, Tenkasi is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order.

1.The Deputy Superintendent of Police, Alangulam Circle, Tirunelveli District.

2.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

3.The Judicial Magistrate, Thenkasi.

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

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