Mehraj Ul Ashqeen Bhat v. The State Rep By

Crl.O.P.No.7683 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.7683 of 2024 and Crl.M.P.No.5729 of 2024 Mehraj UL Ashqeen Bhat ... Petitioner Vs.

1.The Inspector of Police, Odiansalai Police Station, Puducherry [Crime No.18 of 2023] 2.Patrichia Foltaz ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the entire records in connection with the charge sheet in S.C.No.88 of 2023 pending on the file of the Principal District Judge, Puducherry and quash the same in so far as the petitioner is concerned.

For Petitioner : Ms.T.Lavanya For R1 : Mr.K.S.Mohandass Public Prosecutor (Pondy)

O R D E R

In the midst of trial, the accused has come forward to quash the case on the ground that the charge under Section 376 IPC is not made out even according to the complaint as well as the testimony of the victim. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.7683 of 2024 Dr.G.JAYACHANDRAN,J.

rpl 2.

The trial is under way. The testimony of the witness has to be appreciated holistically and not piecemeal. It is for the trial Court to decide whether there is evidence to convict under Section 376 IPC or not. Section 482 of Cr.P.C., the High Court by exercising inherent power cannot be called upon to appreciate the evidence of witnesses in piecemeal when the trial yet to complete. Hence this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.

15.04.2024 Index : Yes/No rpl To

1. The Principal District Judge, Puducherry 2.The Inspector of Police, Odiansalai Police Station, Puducherry 3.The Public Prosecutor (Pondy), High Court of Madras, Chennai. Crl.O.P.No.7683 of 2024 https://www.mhc.tn.gov.in/judis 2/2