Saravanan v. Deivanai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.13600 of 2022 and CRL.M.P.No.7275 of 2022 Saravanan ... Petitioner Vs.

1.Deivanai 2.Manivannan 3.Manimaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.529 of 2017 pending before the learned Judicial Magistrate No.1, at Alandur and quash the same. For Petitioner : M/s.R.Nasrine

ORDER

This petition has been filed to quash the private complaint filed in C.C.No.529 of 2017, on the file of the learned Judicial Magistrate No.1, at Alandur, u/s.190 (1) (a) r/w 200 of Cr.P.C. for the offence punishable u/s.406, 420 and 120(b) I.P.C. 2.Heard the learned counsel for the petitioner. 3.After perusing the entire statements, which prima facie, indicates allegations. Therefore, the Court is of the opinion that all the factual aspects cannot be appreciated by this Court. It is the domain of the trial Court to appreciate the facts. Admittedly, it is a private complaint, after recording the sworn affidavit and after applying its mind only, the Court has taken cognizance. This Court cannot conduct roving enquiry. The trial Court shall appreciate all documents. The probative value of the evidence cannot be gone into at this stage. https://hcservices.ecourts.gov.in/hcservices/

4.This Criminal Original Petition stands dismissed accordingly. The trial Court is hereby directed to expedite the trial and dispose of the matter expeditiously. Consequently, the connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kas To The Judicial Magistrate No.1, Alandur.

CRL.O.P.No.13600 of 2022 and CRL.M.P.No.7275 of 2022 PMK(CO) GMY(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/