C.V. MOHAN PRAKASH Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Code of Criminal Procedure seeking to quash C.C.No.182 of 2013, now pending on the file of the learned Judicial Magistrate No.I, Pollachi.

(2.) The petitioner is the second accused. It must be mentioned that even though notice had been directed to the second respondent/defacto complainant and a learned Counsel had also entered appearance, there was consistently no appearance on behalf of the second respondent. This Court had granted more than sufficient opportunity for appearance on behalf of the second respondent. However, since the complaint, which had been given by the second respondent, had been, subsequently, enquired into, on registration of the First Information Report by the first respondent and report had also been filed, which had been taken cognizance by the learned Judicial Magistrate No.I, Pollachi and the first respondent is represented by the learned Additional Public Prosecutor, I hold that I can proceed further by examining the merits of the petition.

(3.) Heard Mr.A.Thiyagarajan, learned Counsel for the petitioner/A2 and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the first respondent.