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Madras High CourtCRL OP/18587/2023disposed of

S.Parimala v. Superintendent Of Police

2023-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18587 of 2023 S.Parimala

...Petitioners

vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, K.V.Kuppam Police Station, K.V.Kuppam, Vellore.

3.Selva Raj

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in SC.No.157 of 2022 on the file of the I Additional Sessions Judge, Vellore and quash the same. For Petitioners : Mr.Charles Kamalesh M.Appaji For Respondents : Mr.A.Gopinath, Government Advocate for R1 and R2 Page No.1/4

ORDER

This criminal original petition has been filed by the de facto complainant to quash the proceeding in SC.No.157 of 2022 on the file of the I Additional Sessions Judge, Vellore.

2. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.

3. The main ground that was urged by the learned counsel for the petitioner is that there is a discrepancy in the final report while mentioning about the actual date on which the husband of the petitioner was done to death.

4. On carefully going through the materials, it is seen that the date on which the deceased was done to death is a matter of fact which requires appreciation of evidence. Till now no witnesses have been examined by the Court below. Therefore, this Court cannot get into this issue in this quash petition. Ultimately, it is left open to the witnesses to speak before the Court below and the Court below will take that into consideration while appreciating the evidence and the final conclusion will be arrived at.

5. This criminal original petition is disposed of in the above terms. Page No.2/4

18.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.The I Additional Sessions Judge, Vellore 2.1.The Superintendent of Police, Office of the Superintendent of Police, Vellore District, Vellore.

3.The Inspector of Police, K.V.Kuppam Police Station, K.V.Kuppam, Vellore.

4.The Public Prosecutor, Madras High Court, Chennai 600 104..

Page No.3/4

N. ANAND VENKATESH, J.

nsa Crl.O.P No.18587 of 2023 18.08.2023 Page No.4/4