Madras High CourtCRL OP/7766/2022dismissed

Selvakumar v. The Inspector Of Police

2024-02-05Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.Nos.4490 & 4491 of 2022

1. Selvakumar

2. Panneerselvam

3. Uma

4. Murali ... Petitioners

Versus

1. The Inspector of Police, All Women Police Station, Dharmapuri, Dharmapuri Dt.

(Crime No.12 of 2019)

2. D.Ahilnangai ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to C.C.No.33 of 2021 on the file of the learned Addl. Mahila Court, Dharmapuri, quash the same by allowing this Criminal Original Petition. Page No.1 of 4

For Petitioners :

Mr.N.Desinghu For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Ms.K.Chandra, for Ms.C.Uma for R2

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 33 of 2021 on the file of learned Addl. Mahila Court, Dharmapuri.

2. Heard both sides.

3. The petitioners are ranked as A1 to A4 in the F.I.R. in Crime No.12 of 2019 registered for the offence under Sec.498(A), 406 and 506(1) of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in C.C.No.33 of 2021 on the file of learned Addl. Mahila Court, Dharmapuri, and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet.

4. Today, when the matter taken up for hearing, the learned Government Advocate (Criminal side) appearing for 1st respondent would Page No.2 of 4

submit that so far, out of 18 witnesses, 17 witnesses were examined and the trial is at part-heard stage. Hence, he prayed to dismiss this petition.

5. On considering the submissions of learned Government Advocate stating that as on date, 17 witnesses were examined out of 18 witnesses and the trial is at part-heard stage, this Court is inclined to dismiss this petition. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioners to work out their remedy and raise all their defence before the trial court. Consequently, connected Criminal Miscellaneous Petitions are closed. 05.02.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, All Women Police Station, Dharmapuri, Dharmapuri Dt.

2. The Public Prosecutor, High Court, Madras.

Page No.3 of 4

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.7766 of 2022 05.02.2024 Page No.4 of 4