Ramesh v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and Crl.M.P.Nos.8945 & 8947 of 2022 1.Ramesh 2.Loganayaki .. Petitioners
Versus
1.The State Rep. by Deputy Superintendent of Police Organized Crime Unit Crime Branch CID Salem City 2.The Joint Director Director of Medical Education Chennai .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the impugned Charge Sheet in C.C.No.132 of 2017 on the file of the Hon'ble Judicial Magistrate-I, Dharmapuri and quash the same as illegal insofar as the petitioners herein is concerned. For Petitioner : Mr.R.Esakkiaraja For Respondents : Mr.E.Raj Thilak for R1 Addtional Public Prosecutor Page No.1 of 4
O R D E R
This Criminal Original Petition is filed challeging the Charge Sheet in C.C.No.132 of 2017, pending on the file of the learned Judicial Magistrate-I, Dharmapurai based on the FIR registered for the offences under Section 420, 465, 468, 471 and 197 of IPC r/w Section 19 of the Transplantation of Human Organs and Tissues Act, 1994 and consequently, quash the same as illegal insofar as the petitioners herein are concerned.
2. The learned counsel for the petitioners submitted that they are nowhere connected with the issue and they have been falsely implicated in the FIR, as the accused.
3. Heard both sides. On perusal of the final report, it would reveal that there is serious charge of illegal kidney racketting. This Court is of the view that the material unearthed by the prosecution has to be tested by the Trial Court. Hence, at this stage, the factual aspects and probative value statement cannot be looked into by this Court.
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4. In view of the above, this criminal original petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 12.07.2022 Index : Yes / No dhk Page No.3 of 4
N. SATHISH KUMAR, J.
dhk To 1.The Deputy Superintendent of Police Organized Crime Unit Crime Branch CID Salem City 2.The Joint Director Director of Medical Education Chennai 3.The Public Prosecutor, High Court, Madras.
CRL.O.P.No.15857 of 2022 12.07.2022 Page No.4 of 4