Paulraj vs The State Rep By
2021 Latest Caselaw 21895 Mad

                                                                                 Crl.O.P.(MD)No.16931 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 01.11.2021

                                                         CORAM :

                                   THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                           Crl.O.P.(MD)No.16931 of 2021 and
                                              Crl.MP(MD) No.9163 of 2021

                     1.Paulraj
                     2.Mariappan                                      ... Petitioners/Accused

                                                             Vs.
                     The State rep by
                     The Inspector of Police,
                     Nazareth Police Station,
                     Tuticorin District,
                     Crime No.119/2013                                ...Respondent/Complainant

                     Prayer : Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records relating to the order passed by
                     the learned Judicial Magistrate, Sathankulam in Crl.M.P.No.2779/2021 in
                     CC No.127/2013, dated 15.09.2021 and set aside the same.


                                    For Petitioner             : Mr.T.A.Ebenezer
                                    For Respondent             : Mr.RMS Sethuraman
                                                                 Additional Public Prosecutor

                                                          ORDER

This petition has been filed to call for the records relating to the

order passed by the learned Judicial Magistrate, Sathankulam in

Crl.M.P.No.2779/2021 in CC No.127/2013, dated 15.09.2021 and set aside

the same.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.16931 of 2021

2.The petitioners are facing charges under Section 392 IPC,

before the trial Court. PW 1 and PW 2 were chief and cross examined on

01.02.2018 and after lapse of three years, this petition came to be filed

without making any proper reason. With regard to identification parade,

sufficient cross examination was not done by the counsel.

3.The learned Additional Public Prosecutor would submit that

after completion of trial process, the case is posted to 06.11.2021 for

judgment and at this stage, this petition has been filed.

4.Whatever it may be, it is seen that cross examination of

witnesses was completed on 01.02.2018 and after lapse of three years, this

petition came to be filed. It is also seen from the submission of the learned

Additional Public Prosecutor that the case is posted for pronouncement of

judgment. I find no merit in this petition and accordingly, this Criminal

Original petition is dismissed. Consequently, connected miscellaneous

petition is closed.

01.11.2021

Index : Yes/No Internet:Yes/No vrn https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.16931 of 2021

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.16931 of 2021

To

1.The Inspector of Police, Nazareth Police Station, Tuticorin District, Crime No.119/2013

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

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.16931 of 2021

G.ILANGOVAN, J.,

vrn

Crl.O.P.(MD)No.16931 of 2021 and Crl.MP(MD) No.9163 of 2021

01.11.2021

https://www.mhc.tn.gov.in/judis/