R.Kamatchi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.11236 of 2022 a n d Crl.M.P.Nos.6463 and 6464 of 2022 R. Kamatchi

...Petitioner

Vs

1. The State rep. By The Inspector of Police S 9 Pazhavanthangal Police Station.

2. Semban ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records culminating in the impugned C.C.No.692 of 2011 now pending on the file of the learned Judicial Magistrate No.I at Alandur and quash the same as against the petitioner.

For Petitioners ...

Mr.N.Ganeshmurthy For Respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.692 of 2011 pending on the file of the learned Judicial Magistrate No.I at Alandur as against the petitioner herein.

2. Heard Mr.N.Ganeshmurthy, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.

3. Learned counsel appearing for the petitioner submitted that vide, order, dated 16/11/2021, this Court had quashed the charge sheet initiated in C.C.No.69 of 2011 against accused Nos.1 to 4 and also produced a copy to that effect. https://hcservices.ecourts.gov.in/hcservices/

4. On a perusal of the materials available on record and a copy of order, dated 16/11/2021, it could be deduced that the allegation as alleged in the complaint would not constitute any of the offence and it would also indicate that it is a clear abuse of process of law. In such a view of the matter, this Court is inclined to quash C.C.No.692 of 2011 now pending on the file of the learned Judicial Magistrate No.I at Alandur.

5. Accordingly, this Criminal Original Petition is allowed and C.C.No.692 of 2011 pending on the file of the learned Judicial Magistrate No.I at Alandur, as against this petitioner is quashed. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mvs.

To

1. The Judicial Magistrate No.I at Alandur

2. The Inspector of Police S 9 Pazhavanthangal Police Station.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.N.Ganeshmurthy, Advocate SR.No.37596 Crl. O.P. No.11236 of 2022 AJB(CO) GN(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/