R.Raghu v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:03.06.2024

CORAM:

THE HONOURABLE DR JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.7456 & 7457 of 2024 R.Raghu .. Petitioner/Accused No.1 /versus/ 1.Inspector of Police, All Women Police Station Tambaram, Tambaram.

.. Respondent/Complainant 2.Kalaiselvi .. Respondent/Defacto Complainant Prayer:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings in P.R.C.No.34 of 2023 on the file of the learned Judicial Magistrate No.1, Tambaram. For Petitioner :Mr.D.Chandrasekar For Respondents :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition to quash the Final Report pursuant to the complaint given by one Kalaiselvi alleging that the petitioner had sexual intercourse with her on a false promise to marry her and thereafter, he refused to marry her and also assaulted her. It is also specifically alleged that the petitioner threatened her with dire consequence and taken away her jewels.

2. The learned counsel appearing for the petitioner submitted that the defacto complainant Kalaiselvi is a blackmailer and given a similar complaint against two other persons and also extorted money. The narration of the facts alleging sexual intercourse is an inventory story for extorting money.

3. This Court, on perusing of Section 161 Statements of the witnesses which form part of the Final Report, finds that there is a sufficient material to try the petitioner for the offences under Sections 417, 392, 506(i), 376(2)(n) and 34 of IPC. The points of defence taken by the learned counsel appearing for the petitioner in the quash petition 2/4

are of factual in nature, which has to be tested during examination of witnesses. Summary appreciation of statements of the witnesses in the case of this nature cannot be done. Hence, this Criminal Original Petition to quash further proceedings in P.R.C.No.34 of 2023 on the file of the Judicial Magistrate No.1, Tambaram, is dismissed. Consequently, connected Miscellaneous Petitions are closed. 03.06.2024 Index:yes/no Speaking order/non speaking order ari To 1.The Judicial Magistrate No.1, Tambaram.

2.The Inspector of Police, All Women Police Station Tambaram, Tambaram.

3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

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ari and Crl.M.P.Nos.7456 & 7457 of 2024 03.06.2024 4/4