Mallika v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and Crl.M.P.No.7773 of 2022 1.Mallika 2.Arumugam 3.Sekar 4.Muniyammal ... Petitioners Vs.

1.The State Rep. by The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai.

2.Karthikeyan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. Praying to call for records in C.C.No.387 of 2019 on the file of Judicial Magistrate-II, Tiruvannamalai and to quash the same. For Petitioners : Mr.R.Thirumoorthy For Respondent-1 : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.387 of 2019 for the offences under Sections 294(b), 323, 324, 506(ii) I.P.C., on the file of Judicial Magistrate-II, Tiruvannamalai.

2. Heard the learned counsels appearing on either side.

3. The submissions made by the learned counsel for the petitioners with regard to the factual aspects, cannot be appreciated at this stage. It requires appreciation of evidence. Admittedly, on his complaint, a counter complaint is filed and the same is also taken on file. Therefore, this Court cannot appreciate or go into the probative value of the statement or materials collected by the prosecution.

4. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

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To 1.The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai.

2.The Judicial Magistrate-II, Tiruvannamalai.

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

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N.SATHISH KUMAR, J rsi and Crl.M.P.No.7773 of 2022 22.06.2022 (1/2) 4/4