IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2725 of 2017 and Crl.M.P.No.1905 of 2017 Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the complaint in C.C.No.70 of 2015 on the file of the learned Judicial Magistrate No.II, Dharmapuri and quash the same as far as the petitioners are concerned.
For Petitioners : Mr.V.Sakkarapani For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to call for the records relating to the complaint in C.C.No.70 of 2015 on the file of the learned Judicial Magistrate No.II, Dharmapuri and quash the same as far as the petitioners are concerned.
2. It is the case of the petitioners that on the basis of the complaint given by one Gnanasekaran, a case was registered in Crime No.74 of 2014 as against the petitioners and others for the offence punishable under Section 379 I.P.C. In the said case, after completion of investigation, charge was filed and the same was taken on file as C.C.No.70 of 2015 and now, it is pending before the learned Judicial Magistrate No.II, Dharmapuri. To quash the said criminal proceedings, the petitioners have come up with the present petition.
3. Today, when the matter was taken up for consideration, learned counsel appearing for the petitioners fairly submitted that he is not pressing the quash petition. He has also submitted that the petitioners were only selling the iron and steel materials and they are in no way connected with the allegation of theft.
4. However, I am of the opinion that these are all the matters to be decided only during the course of trial. At the same time, this Court is inclined to consider the petition for dispensing with the personal appearance of the petitioners.
5. Accordingly, the personal appearance of the petitioners before the trial Court is dispensed with. However, the petitioners shall appear before the trial Court as and when required by the trial Court. The Criminal Original Petition and the connected miscellaneous petition are disposed of accordingly.
10.02.2017 Index:Yes/No sbi To
1. The Judicial Magistrate No.II, Dharmapuri
2. The Inspector of Police, Indur Police Station, Dharmapuri District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2725 of 2017 DATED: 10.2.2017 http://www.judis.nic.in