Ravichandran v. State Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:12.04.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.(MD)Nos.3958 and 3959 of 2024 1.Ravichandran 2.Angalaeshwari .. Petitioners /versus/ State rep.by 1.The Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District.

2.The Inspector of Police, Srivilliputhur Town Police Station, In Crime No.113 of 2023, Virudhunagar District.

3.Ravichandran .. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records relating to the charge sheet in C.C.No.134 of 2024 on the file of Judicial Magistrate No.II, Srivilliputhur quash the same as against the petitioners/accused No.3 & 4 are concerned.

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For Petitioners :Mr.SubashBabu, Senior Counsel for Mr.Subash Law Office For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1 and R2 ---------

ORDER

The petitioners herein are husband and Wife. Serious allegation of abusing the power. The property been snatched from the defacto complainant. The case was registered and after investigation, final report is filed.

2. The learned Senior Counsel appearing for petitioners submitted that the complaint as well as statement under Section 161 of Cr.P.C does not reflect that these petitioners involved in the alleged crime attracting the offence under Sections 347, 365, 384, 386, 506(2), 34 and 420 of IPC.

3. On reading the final report and the statement under Section 161 of Cr.P.C., this Court finds that there is an element of criminality against these petitioners and it has to be tested during the trial. Some certain factual points were raised by the learned Senior Counsel 2/4

appearing for the petitioners. This Court refrain from discussing those points since it will prejudice the merits of the case. Hence, without adverting to the facts of the case, this Criminal Original Petition is dismissed.

4. In Crl.M.P.(MD)No.3959 of 2024, the personal appearance of the petitioner is dispensed with except their personal appearance is required for questioning; charge; identification and for other purpose, as deems fit for the Magistrate concerned. Consequently, connected Crl.M.P.(MD)No.3958 of 2024 is closed.

12.04.2024 Index:yes/no ari To:

1.The Judicial Magistrate No.II, Srivilliputhur. 2.The Deputy Superintendent of Police,Srivilliputhur Sub Division, Virudhunagar District.

3.The Inspector of Police,Srivilliputhur Town Police Station, Virudhunagar District.

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DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.(MD)Nos.3958 & 3959 of 2024 12.04.2024 4/4