Madras High CourtCRL OP/21024/2018disposed of

K.Kasthuri Bai, F/Aged 44 v. D.Jayadar Kumar, M/Aged 47

2021-04-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P No.21024 of 2018 K.Kasthuri Bai

...Petitioner

Vs.

1. D.Jayandar Kumar

2. Anusuya Bai

3. D.Balasubramaniane

4. Sheela Devi

5. State Bank of India Karaikal Branch Manager, Puducherry.

..Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the charge sheet filed in C.C.No.212 of 2020 on the file of Judicial Magistrate / Additional Mahila Court,Erode (Originally CC No.10 of 2017 on the file of Chief Judicial Magistrate, Erode, Later transferred as C.C.No.118 of 2019 on the file of Judicial Magistrate No.1, Erode and subsequently transferred to Additional Mahila Court, Erode. For Petitioner : R.Neelakandan For Respondents : Mr.Mohammed Riyaz Additional Public Prosecutor for 1st respondent

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds https://hcservices.ecourts.gov.in/hcservices/

before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.212 of 2020 on the file of Judicial Magistrate / Additional Mahila Court,Erode, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rka To

1. The Judicial Magistrate / Additional Mahila Court, Erode CRL.O.P No.20820 of 2020 and Crl.M.P No.8891 of 2018 UM(CO) A.SK(09.07.2021) https://hcservices.ecourts.gov.in/hcservices/