Suresh Kumar v. The Inspectorof Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.04.2017

CORAM

THE HON'BLE JUSTICE MR.JUSTICE C.T.SELVAM Crl.OP.No.23533 of 2012 and M.P.Nos.1 & 2 of 2012 1.Suresh Kumar 2.Mani 3.Meena 4.Saraniya

...Petitioners

Vs 1.State rep. by The Inspector of Police, Kavandapadi Police Station, Erode District.

2.Poorniammal ....Respondents The Criminal Original petition is filed under section 482 of Crl.P.C., to call for the records relating to in C.C.No.60 of 2012 on the file of the Judicial MagistrateII, Gobi and quash the same. For Petitioners:Mr.S.Dhanasekaran For Respondents:Mr.Mohamed Riyaz G.A.(Crl.side) For R1 R2- Notice Sent Service Awaited.

O R D E R

This Criminal Original Petition seeks to quash proceedings in C.C.No.60 of 2012 on the file of the Judicial Magistrate-II, Gobi.

https://hcservices.ecourts.gov.in/hcservices/

2. The case of the prosecution is that after six months of marriage, first petitioner/husband and other accused illegally detained the defacto complainant in a House and beat her over a period of five days and thereafter dropped her at the Perundurai Bus Stand. Defacto complainant having sustained injuries all over her body was admitted in Government Hospital, Erode. Complaint was preferred with first respondent police and case in Cr.No.232 of 2011 under Sections 343, 323, 506(i) I.P.C., was registered. A positive charge sheet has been filed and case is pending trial in C.C.No.60 of 2012 on the file of the Judicial Magistrate-II, Gobi.

3. Heard learned counsel for petitioner and learned Government Advocate for first respondent.

4. On a perusal of the charge sheet, this Court finds that more than a prima facie case has been made out against petitioners and hence this Court is of the view that it is not appropriate to quash proceedings.

5. The Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Judicial Magistrate,Gobi 2.-do thro The Chief Judicial Magistrate, Erode.

3.The Inspector of Police, Kavandapadi Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras-104.

Crl.OP.No.23533 of 2012 kk(co) ss(19/7/2017) https://hcservices.ecourts.gov.in/hcservices/