Madras High CourtCRL OP/8781/2018dismissed

Dr.S.Brathibha, Aged 43 Years v. The State Rep. By

2020-07-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2020

CORAM

THE HONOURABLE Mr.JUSTICE G. K. ILANTHIRAIYAN Crl.O.P.No.8781 of 2018 Dr. S. Brathibha (F/43), Madurai - 20.

..Petitioner Vs

1. The State Represented by, The Inspector of Police, J-1, Saidapet Police Station, Chennai.

(Crime No.1815 of 2015)

2. Dr. N. Sethuraman, S/o. Nallaiya Servai, 148, Millennium Apartment, North Usman Road, T. Nagar, Chennai - 17.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the entire records connected with the charge sheet in C.C.No.7636 of 2017 (Split up from C.C.No.4228 of 2015) pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and to quash the same. For Petitioner : Mr. K. Thilageswaran For R-1 : Mr. K. Prabakar, Additional Public Prosecutor For R-2 : Abdul Wahab

ORDER

This petition has been filed to quash the proceedings in C.C.No.7636 of 2017 (Split up from C.C.No.4228 of 2015) on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai thereby taken cognizance for the offence under Section 174 A of IPC in Crime No.1815 of 2015, as against the petitioner. 2.

The learned Additional Public Prosecutor submitted that the petitioner is already declared as proclaimed offender because of her non-appearance before the trial Court in https://hcservices.ecourts.gov.in/hcservices/

C.C.No.7636 of 2017. He would further submit that Non Bailable Warrant was also issued as against the petitioner and hence it is still pending.

3. Considering the facts and circumstances of the case and also Non Bailable Warrant is also pending as against the petitioner, the petitioner is not entitled for any relief before this Court. Therefore, this Court is not inclined to entertain this petition.

4. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, J-1, Saidapet Police Station, Chennai.

3. The Additional Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.8781 of 2018 ssd (co) rr ii (03/11/2020) https://hcservices.ecourts.gov.in/hcservices/