Madras High Court
Velmurugan vs State Represented By on 20 April, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.6790 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.6790 of 2022
and
C.M.P.(MD)No.4693 of 2022
1.Velmurugan
2.Shanmugalakshmi
3.Karuppasamy
4.Saravanakumar
5.Perumal
6.Esakkiammal ... Petitioners/Accused No.1-6
Vs.
1.State represented by
The Inspector of Police,
All Women Police Station,
Rameswaram,
Ramanathapuram District.
(Crime.No.8 of 2018) ... Respondent/Complainant
2.Ranjitha ... Respondent/Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to C.C. No.7
of 2020 on the file of the Learned District Munsif Cum Judicial
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.6790 of 2022
Magistrate, Rameswaram and quash the same.
For Petitioners : Mr.Jayaramachandran.A
For Respondent : Mr.R.Suresh Kumar
Government Advocate(Crl. Side)
ORDER
This petition has been filed seeking quashment of C.C. No.7 of 2020, on the file of the Learned District Munsif-Cum-Judicial Magistrate, Rameswaram on the ground that some sort of development has been made during the course of investigation between the first petitioner and the 2nd respondent.
2. The learned counsel appearing for the 2nd respondent submitted that trial is going to be over and so far, nine witnesses have been examined and out of the nine witnesses, two witnesses have been cross examined.
3. Now, the learned counsel for the petitioners submitted that as against the order, dated 15.06.2022 passed in HMOP.No.69 of 2019 by 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6790 of 2022 the Sub-Court, Kovilpatti some sort of allegations have been made against the accused, which is not at all available in the FIR itself. With regard to the above said development in the matrimonial proceedings, PW.1, was cross examined at length. Even in the above said petition PW.1 was referred and she was also cross examined with regard to the averments made in the complaint as well as in the matrimonial proceedings.
4. Since the trial is going to be over, wherein, the development has been made by the prosecution, the consideration of this matter by this Court at this stage is not proper and the same will have to be taken in the appropriate manner in the trial Court itself.
5. Hence, there shall be a direction to the District Munsif-Cum - Judicial Magistrate, Rameswaram to dispose of the C.C.No.7 of 2020 pending on its file within a period of four months from the date of receipt of a copy of this order.
5. With the above observation, this Criminal Original Petition is 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6790 of 2022 disposed of. Consequently, the connected Miscellaneous Petition is closed.
20.04.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
trp
To
1.The District Munsif Cum Judicial Magistrate, Rameswaram.
2.The Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6790 of 2022 G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.6790 of 2022 and C.M.P.(MD)No.4693 of 2022 Dated: 20.04.2023 5/5 https://www.mhc.tn.gov.in/judis