This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.97 of 2010 on the file of the Judicial Magistrate Court, Sivakasi. and quash the same.
2.The learned Government Advocate (criminal side) submits that the trial has begun by examining of one witness and the case is posted to 11.01.2017 for examination of further witnesses and therefore, this criminal original petition may be dismissed.
3.The petitioner has been charge sheeted for the offences under
Section 498(A) of I.P.C. The only ground taken by the petitioner is that the offences are not made out from the materials filed by the prosecution along with the charge sheet.
4.This Court perused the entire papers including the statement of witnesses recorded under
Section 161(3) of Cr.P.C., brought to the notice of this Court by the learned Government Advocate (criminal side).
5.Statement of the defacto complainant Janaki recorded under
Section 161(3) of Cr.P.C., clearly discloses the offence as alleged by the prosecution. This Court does not find any valid reason to quash the proceedings. The trial has also been begun by examining of one witness before the trial Court and under the said circumstances, this criminal original petition is liable to be dismissed.
6.Accordingly, this criminal original is dismissed. Consequently, connected miscellaneous petitions are also dismissed. The trial Court is directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order.
To
1.The Judicial Magistrate, Sivakasi.
2.The Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..