Kumar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.5594 of 2024 and Crl.M.P.Nos.4083 & 4085 of 2024
1. Kumar, S/o.Radhakrishnan
2. Sridevi, W/o.Rajkumar
3. Valli, W/o.Kumar
4. Roopasri, D/o.Sathishkumar
5. Sarala, W/o.Kuttiyappan ... Petitioners Vs.
1. State rep. by The Inspector of Police, Madhavaram Milk Colony Police Station, Chennai.
(Crime No.563 of 2023)
2. Divyabharathi, D/o.Karthick ... Respondents 1/4
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of Final report in C.C.No.292 of 2023 pending on the file of the Learned Judicial Magistrate, Madhavaram and quash the same by allowing this Criminal Original Petition.
For Petitioners : Mr.M.Mohamed Yasin For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****
O R D E R
This petition has been filed seeking to quash the proceedings in C.C.No.292 of 2023 pending on the file of the learned Judicial Magistrate, Madhavaram.
2. Heard Mr.M.Mohamed Yasin, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.
3. This petition itself was filed mainly on the ground that summon has been issued to the petitioners even without passing cognizance order. In the light of the above submission made by learned counsel for petitioners, this Court called for a report from the learned Judicial 2/4
Magistrate, Madhavaram. Accordingly, a report has been received and it is seen that the cognizance order has been passed by the District Munsif cum Judicial Magistrate, Madhavaram on 01.12.2023 and only thereafter, summon has been issued to the accused persons.
4. In the light of the above report received from the learned Judicial Magistrate, Madhavaram, the ground that has been taken by the petitioners is liable to be rejected.
5. Learned counsel for petitioners submitted that there are other grounds that are available to the petitioners and unfortunately, the same have not been raised in this petition on the presumption that the summon was issued without passing a cognizance order.
6. In the light of the above submission, liberty is granted to the petitioners to raise all the grounds by filing a fresh quash petition. N.ANAND VENKATESH, J.
3/4
gm Accordingly, this Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed. 25.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To
1. The Inspector of Police, Madhavaram Milk Colony Police Station, Chennai. (Crime No.563 of 2023)
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5594 of 2024 4/4