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Madras High CourtCRL OP/22806/2024dismissed

Manikandan v. The State Rep By

2024-12-17Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.Nos.22806 of 2024 and 16359 and 5603 of 2023 -- Manikandan .. Petitioner in Crl.O.P.No.22806 of 2024 S.Chidambara Thanu Moorthy ..Petitioner in Crl.O.P.No.16359 of 2023 Murugan .. Petitioner in Crl.O.P.No.5603 of 2023 Vs.

1. The State, Rep. by Inspector of Police, All Women Police Station, Ambattur, Ambattur, Chennai.

2. Sundara Meenatchi @ Aarthy .. Respondents in all the petitions Criminal Original Petitions filed under Section 482 Cr.P.C. praying to call for the records pertaining to the impugned charge sheet in C.C.No.129 of 2019 on the file of the Judicial Magistrate, Ambattur and quash the same insofar as the petitioners are concerned. 1 / 4

For petitioners in all Crl.O.Ps : Mr.P.R.Thiruneelakandan For respondents in all Crl.O.Ps: Mr.S.Sugendran, Addl.P.P. for R-1 Mr.R.Sankarasubbu for R-2 COMMON ORDER These Criminal Original Petitions are filed praying to call for the records pertaining to the impugned charge sheet in C.C.No.129 of 2019 on the file of the Judicial Magistrate, Ambattur and quash the same insofar as the petitioners are concerned.

2. The petitioners have filed these petitions only after getting the order of dissolution of marriage from the competent Court and it is stated that the petitioners have also contracted into second marriage and the grievance of the petitioners is that a false case had been foisted against them.

3. Learned counsel for the petitioners submitted that ex-parte order was passed against the petitioners and the petitioners have filed petitions to set aside the ex-parte order and that the Family Court has no jurisdiction and only the petitioners have to file petition before the Court concerned. All the defences herein that are taken by the 2 / 4

petitioners, are all matters of trial. Hence, in such circumstances, these petitions are dismissed. However, the petitioners are at liberty to take all their defences before the trial Court. 17.12.2024 cs To

1. The Judicial Magistrate, Ambattur, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. Inspector of Police, All Women Police Station, Ambattur, Ambattur, Chennai.

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P.VELMURUGAN, J cs 17.12.2024 4 / 4