Madras High CourtCRL OP/27296/2016allowed

Usharani, Aged 62 Years, v. State By,

2019-02-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.02.2019 Coram THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27296 of 2016 and Crl.M.P.No.13876 & of 2016 and Crl.M.P.No.1508 & of 2019

1. Usharani

2. Deenadayalan

3. Sudha ... Petitioner / Accused Vs.

1. State by The Inspector of Police, W33 All Women Police Station, Madhavaram, Chennai.

(Cr.No.02 of 2016) ... Respondent / Complainant

2. J.Sujatha ... Respondent / Defacto Complainant [2nd respondent is impleaded as per order of this Court dated 03.03.2017 in Crl.M.P.No.3230 of 2017] Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.228 of 2016 on the file of the Judicial Magistrate, Thiruvotrivur, Chennai - 19 and quash the same. For Petitioner : Mr.C.Prakasam For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : No Appearance

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.228 of 2016 on the file of the learned Judicial Magistrate, Thiruvotrivur, Chennai - 19 and quash the same.

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2. It is seen from the statement of the second respondent/defacto complainant recorded under Section 161 C.R.P.C that there is no specific allegations as against the third petitioner and the allegations are only against the first and second petitioner. Therefore, this Court is inclined to quash the Criminal proceedings as against the third petitioner alone, and insofar as the first and second petitioner are concerned, this petition is dismissed.

3. Accordingly, this Criminal Original Petition is allowed only in respect of third petitioner. Considering the case of the year 2016, the Trial Court is directed to complete the trail within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar raja To 1.The Judicial Magistrate, Thiruvotriyur, Chennai. 2.The Inspector of Police Udayarpalayam Police Station Ariyalur District.

(in Crime No.359 of 2018)

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Balasubramanian , Advocate SR.No. 16108 +1cc to Mr. C.Prakasam, Advocate SR.No. 15375(22/04/2019) Crl.O.P.No.27296 of 2016 and Crl.M.P.No.13876 & of 2016 and Crl.M.P.No.1508 & of 2019 A.SK(14/03/2019) https://hcservices.ecourts.gov.in/hcservices/