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Madras High CourtCRL OP/3579/2019dismissed

Saraswathy v. The State Of Tamil Nadu Rep By

2019-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3579 of 2019 and Crl.M.P.Nos.2275 & 2276 of 2019 Saraswathy

...Petitioner/Accused 2

Vs.

1.The State of Tamil Nadu Rep.by Inspector of Police W-18, all women Police Station, M.K.B.Nagar, Chennai-39.

2.J.Kavitha

...Respondents/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.25 of 2018 on the file of Additional Mahila court at Magisterial Level, Egmore at Chennai.

For Petitioner : Mr.A.Ilaya Perumal For Respondents: Mr.M.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C. to call for the records relating to C.C.No.25 of 2018 on the file of the Additional Mahila Court at Magisterial Level, Egmore at Chennai and quash the same.

2.The learned counsel appearing for the petitioner would submit that the petitioner has arrayed as the 2nd accused. The complaint against her is that her son, the husband of the 2nd respondent / defacto complainant married another woman. Hence, a case has been registered against the petitioner by the respondent police for the alleged offences under Section 498(A), https://hcservices.ecourts.gov.in/hcservices/

494, 495, 109 of IPC. There is no specific overtact as against the petitioner to attract the offences in C.C.No.25 of 2018 on the file of the Additional Mahila Court at Magistrate level, Egmore, Chennai. Accordingly, prays for allowing this petition. 3.Heard the learned counsel for the petitioner. 4.Considering the above submission, it is seen that this petition is devoid of merits. Hence, this Court is not inclined to entertain this petition.

5.This Criminal Original Petition stands dismissed, accordingly. The petitioner is at liberty to raise all the grounds before the Trial Court. Consequently, Connected miscellaneous petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kas To

1. The Additional Mahila Court at Magestiral Level Egmore, Chennai.

2.The State of Tamil Nadu Rep.by Inspector of Police W-18, all women Police Station, M.K.B.Nagar, Chennai-39.

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

+1 CC to Mr.A.Ilaya Perumal, Advocate sr 12182 Crl.O.P.No.3579of 2019 and Crl.M.P.Nos.2275 & 2276 of 2019 RR(CO) SP(07/03/2019) https://hcservices.ecourts.gov.in/hcservices/