Munni @ Sharimila v. The Inspectorof Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.22817 of 2012 and M.P.Nos.1 and 2 of 2012
1. Munni @ Sharimila
2. Shakila Banu
3. Amanullakan ... Petitioners/Accused 3 to 5 -vs1. State rep. by The Inspector of Police, All Women Police Station, Erode.
... 1st Respondent/Complainant
2. Yasmin ... 2nd Respondent/De facto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to C.C.No.152 of 2010 on the file of the learned District Munsif-cum-Judicial Magistrate, Perundurai, and quash the same.
For Petitioners : Mr.R.Ezhilarasan for M/s.S.Dhanasekaran For R-1 : Mr.B.Ramesh Babu, Government Advocate (Crl.Side) For R-2 : Mr.R.Kannan
ORDER
This criminal original petition is filed under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.152 of 2010 pending on the file of the learned District Munsif-cumJudicial Magistrate, Perundurai.
2. The learned counsel appearing for the petitioners submitted that in this matter, since there is no interim order, the trial Court has proceeded to commence the trial. https://hcservices.ecourts.gov.in/hcservices/
3. The learned Government Advocate (Crl.Side) submitted that the alleged offence in C.C.No.152 of 2010 is under Sections 498(A), 324, 323 IPC r/w. 4 of Dowry Prohibition Act and so far, witnesses P.W.1 to P.W.8 were examined.
4. Considering the facts and circumstances of the case, this Court is of the view that nothing survives to be adjudicated in this criminal original petition. Hence, this Criminal Original Petition is dismissed with liberty to the petitioners to agitate their rights before the trial Court in accordance with law.
Consequently, the connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jrl To
1. The District Munsif-cum-Judicial Magistrate, Perundurai.
2. The Inspector of Police, All Women Police Station, Erode.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.22817 of 2012 VD(CO) GN(04/08/2017) https://hcservices.ecourts.gov.in/hcservices/