Sekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.Nos.5603 and 5604 of 2024

1. Sekar

2. Sakthivel

3. Sathish

4. Bhuvaneshwari

5. Geetha ... Petitioners Vs.

1. State of Tamilnadu Represented by The Inspector of Police, Peranallur Police Station, Tiruvannamalai District.

Cr.No.184 of 2019.

2. Kavitha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records and to quash the final report in C.C.No.45 of 2024, pending trial on the file of the learned Judicial Magistrate, Cheyyar.

For Petitioner : Mr.R.Poornima For Respondent : K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petition to quash alleging that the brother of the defacto complainant is a Constable in Police Department has engineered this complaint. To counter blast, the complaint given by the accused persons and registered in Cr.No.185 of 2019. The complaint in Cr.No.184 of 2019 initiated by Kavitha and the complaint in Cr.No.185 of 2019 initiated by Sekar. It is a case and case in counter, both were registered on the same day i.e., 02.04.2019.

2. The learned Government Advocate (Crl.Side) states that the Investigating Officer has completed the investigation in both the cases and final had been already filed and the same has been taken on file in C.C.Nos.230 of 2023 and 45 of 2024 respectively.

3. This Court after going through the complaints and the materials relied upon by the prosecution to proceed against these petitioners finds that there is no reason to interfere in the trial for the grounds raised in the petition. The petitioners have to face the trial and prove their innocence. This Court has no doubt that the trial court will follow the procedure 2/4

contemplated under police standing orders and the guidelines of High Court while conducting trial of case and case in counter.

4. With this observations, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

5. If any petition for dispensed with for the personal appearance is filed, the same may be considered on merits and sympathetically. Vv 04.04.2024 To

1. The Judicial Magistrate, Cheyyar

2. State of Tamilnadu The Inspector of Police, Peranallur Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.Nos.5603 and 5604 of 2024 04.04.2024 4/4