Madras High CourtCRL OP/27086/2014dismissed

Arun (Single) (23) v. The State By

2019-11-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.27086 of 2014 Arun ... Petitioner/Accused Vs.

1.The State by The Inspector of Police, Kothagiri Police Station, The Nilgiris District.

... 1st Respondent/ Complainant 2.Duraisamy ... 2nd Respondent/ Defacto-complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.420 of 2011 on the file of the first respondent and quash the same.

For Petitioner : No appearance For R1 : Mrs.M.Prabhavathy, Additional Public Prosecutor * * * * *

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the case in Crime No.420 of 2011 on the file of the first respondent and quash the same. 2.No representation for the petitioner.

3.The petitioner has filed the above said quash petition in Crime No.420 of 2011 on the ground that the petitioner was in love with one Anitha, who is the grand daughter of the second respondent and thereafter, they got married on 19.11.2011. The above said Anitha and the petitioner were blessed with a male child namely Dharun on 05.08.2014 and they are living happily at No.4/441, Anna Nagar, Gottacombai, Kothagiri.

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4.The learned Additional Public Prosecutor appearing for the first respondent submitted that the case initially registered under Section 363 IPC, thereafter, altered the section into 376 and 366 A IPC and charge sheet came to be filed before the Judicial Magistrate, Coonoor and the same was taken on file vide PRC No.9 of 2016 and the same was committed to the Court of Special Judge, Mahalir Neethimandran (Fast Track Mahila Court), Udhagamandalam and assigned S.C.No.51 of 2016. After conducting due trial, the learned Special Judge, Mahalir Neethimandran (Fast Track Mahila Court), Udhagamandalam had acquitted the petitioner from the case by Judgment dated 30.09.2016.

5.In view of the same nothing survives for adjudication in this matter. Hence, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ah To 1.The Special Judge, Mahalir Neethimandran (Fast Track Mahila Court), Udhagamandalam 2.The Judicial Magistrate, Coonoor 3.The Inspector of Police, Kothagiri Police Station, The Nilgiris District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27086 of 2014 A.SK(10/01/2020) https://hcservices.ecourts.gov.in/hcservices/