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Madras High CourtCRL OP/19400/2024dismissed

Psk.Rajkumar Shankar v. State Rep By

2024-11-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.Nos.19400 and 19410 of 2024 and Crl.M.P.Nos.11377 and 11380 of 2024 Dr.PSK.Rajkumar Shankar ... Petitioner in Crl.O.P.No.19400/2024 Dr.D.Venmathi ... Petitioner in Crl.O.P.No.19410/2024 Vs.

State rep. by Inspector of Police V6, Kolathur Police Station Kolathur, Chennai ... Respondent in both Crl.O.Ps.

Prayer in Crl.O.P.No.19400/2024: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennai - 600 008 to take on file the memo submitted on 07.07.2022 in C.C.No.12/2019 of the Additional Mahila Metropolitan Magistrate, Egmore, Chennai - 600 008, stating the list of documents for which copies need to be furnished under Section 207 Cr.P.C. as per the Final Order dated 16.03.2022 of the 20th Additional Sessions Judge, Chennai, passed in Crl.R.C.No.32/2021 in M.P.No.86/2021 in C.C.No.12/2019 of the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennia - 600 008.

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Prayer in Crl.O.P.No.19410/2024: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennai - 600 008 to take on file the memo submitted on 07.07.2022 in C.C.No.12/2019 of the Additional Mahila Metropolitan Magistrate, Egmore, Chennai - 600 008, stating the list of documents for which copies need to be furnished under Section 207 Cr.P.C. as per the Final Order dated 16.03.2022 of the 20th Additional Sessions Judge, Chennai, passed in Crl.R.C.No.33/2021 in M.P.No.87/2021 in C.C.No.12/2019 of the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennia - 600 008.

For Petitioner in Crl.O.P.No.19400/2024 : Mr.PSK.Rajkumar Shankar (P-IN-P) For Petitioner in Crl.O.P.No.19410 of 2024 : Mrs.D.Venmathi (P-IN-P) For Respondent in both Crl.O.Ps. : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The Criminal Original Petitions have been filed to direct the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennai - 600 008 to take on file the memo submitted on 07.07.2022 in C.C.No.12/2019, stating the list of documents for which copies need to be furnished under Section 207 Cr.P.C. as per the final order dated 16.03.2022 passed by the XX Additional 2/5

Judge, Chennai, in Crl.R.C.No.32/2021 in M.P.No.86/2021 in C.C.No.12/2019 and Crl.R.C.No.33/2021 in M.P.No.87/2021 in C.C.No.12/2019 on the file of the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennia - 600 008.

2. Heard both sides and perused the materials available on record.

3. The grievance of the petitioners is that the memo dated 07.07.2022 filed by them before the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennai, stating the list of documents for which copies need to be furnished under Section 207 Cr.P.C. as per the final order dated 16.03.2022 passed by the XX Additional Judge, Chennai, in Crl.R.C.Nos.32 and 33 of 2021, were not taken on file and there is no mentioning about the memo in the adjudication order dated 07.07.2022.

4. It is made clear that there is no procedure to pass order on the memo. It is seen that the petitioners have not come to the Court with clean hands and in order to protract the case, they are filing petitions one after another. The present petitions filed by the petitioners are unreasonable and nothing but abuse of process of law.

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5. Therefore, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed.

6. However, the respondent police is directed to produce the copies of all the documents collected during the investigation and filed along with the charge sheet before the Magistrate, to the petitioners. 19.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. Inspector of Police V6, Kolathur Police Station Kolathur, Chennai

2. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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