Madras High CourtCRL OP/22262/2023dismissed

S.Alex Pandian v. State Rep.By

2023-10-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.15483 & 15484 of 2023 1.S.Alex Pandian 2.S.Poongodi 3.G.Samuvel 4.A.Alice Poornima ... Petitioners Vs.

1. State rep. by The Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

(Cr.No.24/2022)

2. A.Megala ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned charge sheet in CC.No.412 of 2023 on the file of the learned Additional Mahila (Fast Track Court Level), Salem and quash the same.

For Petitioners : Mr.S.Panneer Selvan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1 1/4

O R D E R

The petition to quash the final report taken on file in CC.No.412 of 2023. The petitioners are the in-laws of the defacto complainant.

2. The learned counsel appearing for the petitioners submitted that the defacto complainant and the first accused were living separately in an independent house and the petitioners, who are in- laws, are not interfering with the family life. However, a criminal complaint is filed against them along with A1, as if they were harassed. The defacto complainant abused her verbally and physically. For the said reasons, this petition is filed to quash.

3. However, from the 164 statement of the witnesses and final report, this Court finds that the specific overt act attributed to each of these accused and the Trial Court has framed charges based on the material placed. Since the prima facie material is available for framing charges and the Trial Court already framed charges and called for trial to test the evidence collected 2/4

during the course of investigation, the prima facie material available against these petitioners without testing their velocity, this Court cannot conclude their innocence. Hence, the petition to quash the final report in CC.No.412 of 2023 is dismissed.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 04.10.2023 drl 3/4

DR.G.JAYACHANDRAN, J.

drl To

1. The Inspector of Police, The Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

2.The Public Prosecutor, High Court, Madras.

and Crl.M.P.Nos.15483 & 15484 of 2023 4/4