Achuthan v. State Rep By
;IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.12.2023
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH 1.Achuthan 2.Santha ... Petitioners Vs 1.The State rep by The Inspector of Police, All Women Police Station, Chidambaram, Cuddalore District 608 801.
(Crime No.5 of 2016) 2.Nivedha ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the proceedings pertaining to C.C.No.57 of 2017 in Crime No.5 of 2016 pending on the file of the District Munsif cum Judicial Magistrate, Portonova and quash the same.
For Petitioners : Ms.Rithika for M/s.Nathan and Associates For Respondents : Mr.L.Baskaran for R1 Government Advocate (Crl. Side) No appearance for R2 1/4
ORDER
This Criminal Original Petition has been filed to call for the records of the proceedings pertaining to C.C.No.57 of 2017 in Crime No.5 of 2016 pending on the file of the District Munsif cum Judicial Magistrate, Portonova and quash the same.
2.The learned counsel for the petitioners submitted that the petitioners are the father-in-law and mother-in-law of the defacto complainant and they are aged about 75 years and 66 years respectively. Apparently, it seems that the petitioners/in-laws of the defacto complainant have no role in the offence. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side).
4.As such, this Court finds the present case to be a fit case for quashing the final report against the petitioners. 5.Considering the facts and circumstances of the case and on the various aspects which has been looked into it, the proceedings in C.C.No.57 of 2017 in Crime No.5 of 2016 pending on the file of the District Munsif cum Judicial Magistrate, Portonova, is quashed only against the petitioners and for rest of the accused, the proceedings will go on. Accordingly, this 2/4
Criminal Original Petition is allowed.
19.12.2023 Internet:Yes Index:Yes/No vkr To 1.The Inspector of Police, All Women Police Station, Chidambaram, Cuddalore District 608 801.
2. The Public Prosecutor, High Court, Madras.
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VIVEK KUMAR SINGH.J., vkr 19.12.2023 4/4