Madras High CourtCRL OP/27919/2015disposed of

Andal v. The State Of Tamil Nadu

2021-09-14Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.27919 OF 2015 AND CRL.M.P.NOS.1 & 2 OF 2015 1.Andal 2.Kosalai 3.Vedapuri 4.Loguparimala 5.Dakshinamoorthy .. Petitioners 1 to 5/Accused 2 to 6 .Vs.

1. The State of Tamil Nadu rep.by the Inspector of Police, All Women Police Station, Cheyyar - 604 407, Thiruvannamalai District.

2. Usharani .. Respondents 1 & 2/ Complainants 1 & 2 Prayer:

Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet filed in C.C.No.137 of 2015 on the file of the Judicial Magistrate Court, Cheyyar and to quash the same. For Petitioners.. Mr.P.Mani For R1 .. Mr.E.Raj Thilak Govt. Advocate (Criminal Side) For R2 .. Mr.B.Jawahar

ORDER

It is informed that trial has commenced and PW-1, PW-2 and PW-3 had been examined. Let evidence continue. Mr.P.Mani, learned counsel for the petitioners states that there is no direct over tact alleged against A5 and A6 in the final report. https://hcservices.ecourts.gov.in/hcservices/

That is an issue which the learned Judicial Magistrate, Cheyyar, before whom trial is proceeding in C.C.No.137 of 2015 has to examine on conclusion of evidence. If there is no evidence, then the learned Judicial Magistrate may pass a judgment accordingly. If there is evidence the learned Judicial Magistrate may pass a judgment accordingly. I would only place a direction on the learned Judicial Magistrate to analyse the evidence put forth by the prosecution in their true light and then on consideration of all documentary and oral evidence pass an appropriate judgment. 2.With the said observations, the present Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar smv To

1. The Judicial Magistrate Court, Cheyyar.

2. The Inspector of Police, All Women Police Station, Cheyyar - 604 407,

3. The Public Prosecutor High Court of Madras Crl.O.P.No.27919 of 2015 PCH(CO) CS/12/10/2021 https://hcservices.ecourts.gov.in/hcservices/