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Madras High CourtCRL OP/9373/2024dismissed

Rajalakshmi v. State Rep By

2024-04-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.9373 of 2024 and Crl.MP.Nos.6525 and 6527 of 2024 Rajalakshmi ... Petitioner Vs.

1. State by The Sub-Inspector of Police, B-4, High Court Police Station, Chennai 600 104.

(Cr.No.12 of 2023)

2. Kasi Viswanathan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the criminal proceeding in C.C.No.125/2024 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai and quash the same.

For Petitioner : Mr.P.M. Duraiswamy For Respondents : Mr.S.Udayakumar for R1 Government Advocate (Crl.Side)

O R D E R

The petitioner herein facing criminal prosecution for the offence under Sections 294(b), 506(i) and 355 of IPC alleging that there is no prima facie material to proceed against her, the present petition is filed. 1/4

2. In fact, the criminal law has set into motion pursuant to the report by the court staff who was present when the occurrence took place. The petitioner herein has initiated divorce proceedings before the Family Court, been referred to mediator and in the course of mediation, she has slapped her husband with slipper and used filthy language. Thus, criminal law has set into motion. After completion of investigation and final report filed and taken cognizance.

3. The learned counsel for the petitioner states that the trial court ought not to have taken cognizance and the material placed by the prosecution is bereft of ingredients to attract the provisions under Sections 294(b), 506(i) and 355 of IPC. Further, on reading of 161 statement, this Court finds that there is sufficient material to proceed against the petitioner for the said offences.

4. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Index : Yes/No 18.04.2024 Internet: Yes/No gv 2/4

To 1.The Sub-Inspector of Police, B-4, High Court Police Station, Chennai 600 104.

(Cr.No.12 of 2023)

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

3/4

Dr.G.JAYACHANDRAN,J.

gv Crl.OP.No.9373 of 2024 and Crl.MP.Nos.6525 and 6527 of 2024 18.04.2024 4/4