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Madras High CourtCRL OP/30233/2015dismissed

S. Velmurugan v. Ramya, W/O. Ganapathy

2021-09-20Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.30233 of 2015 S.Velmurugan .. Petitioner / 7th Respondent Vs.

1.

Ramya ... Respondent/Petitioner 2.

Ganapathy 3.

Jency 4.

Shanmugavel 5.

Rubi 6.

Muthammal @ Muthulakshmi 7.

Kannan 8.

Geetha 9.

J.Densingh 10.

M.Samuel ... Respondents/Respondents 1 to 6 & 8 to 10 Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in respect of the C.C.No. 466 of 2012 on the file of the Judicial Magistrate No.II Court, Coimbatore and quash the same.

For Petitioner :

No appearance

ORDER

The present Criminal Original Petition has been filed by the 7th accused seeking to quash C.C.No. 466 of 2012 which is pending on the file of Judicial Magistrate No.II Court, Coimbatore. 2.

The said calendar case came to be filed on the basis of a private complaint under Section 200 Cr.P.C., by the first https://hcservices.ecourts.gov.in/hcservices/

respondent herein making out an offence under Section 506(i) IPC. I am informed by Mr. E.Raj Thilak, learned Additional Public Prosecutor that the learned Judicial Magistrate No.II Court, Coimbatore had disposed of the complaint owing to the continuous absence of the complainant and had dismissed the same on 24.06.2019 taking recourse to Section 256(4) read with 204 Cr.P.C. On that date, the learned Judicial Magistrate No.II Court, Coimbatore, had noticed that NBW was pending against A-3, A-4, A-7, A-8 & A-10 and the complainant had not come forward to file necessary process for issuing summons to the accused Nos. 1, 2, 3, 5 and 6. It was also noted that the complainant had been absent from 18.01.2016. Since, the learned Judicial Magistrate No.II Court, Coimbatore, had dismissed the said complaint on 24.06.2016, nothing further survives for adjudication in the present Criminal Original Petition. 3.

Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsg To The Judicial Magistrate No.II, Coimbatore.

Crl.O.P.No.30233 of 2015 KG(CO) B.VC(07.10.2021) https://hcservices.ecourts.gov.in/hcservices/