Shyamalavalli v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26907 of 2012 and Crl.M.P.Nos.1 & 2 of 2012 1.Shyamalavalli 2.Prakash Kumar ..

Petitioner/Accused 5 & 6 Vs.

1.State rep by Inspector of Police, All Women Police Station, Vellore, Namakkal.

(Crime No.2 of 2012) ... Respondent/Complainant 2.Hemalatha ..

Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. Praying to call for records in C.C.No.81 of 2012 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi and quash the same.

For Petitioner :

Mr.T.Muruganantham For Respondent-1 :

Mr.C.Iyyapparaj Additional Public Prosecutor For Respondent-2 : Mr.E.K.Kumaresan

ORDER

This petition has been filed seeking to call for records in C.C.No.81 of 2012 on the file of District Munsif-cumJudicial Magistrate, Paramathi and quash the same.

2. Petitioners herein are the sister-in-law and her husband of the second respondent herein. On a perusal of the charge sheet and the statements supporting the charge sheet, it is seen that various allegations have been made against these petitioners as well as the other accused. Earlier, when the father-in-law and Mother-in-law and the uncle of the first accused had filed a petition to quash the proceedings in https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.No.26902 of 2012, this Court by order dated 23.10.2015 had dismissed the same on the ground that there was sufficient materials to proceed against the petitioners herein. 3.The severity of the overt act attributed to the petitioners in Crl.O.P.No.26902 of 2012 is the same that of the petitioners herein also. Though the petitioners have raised several grounds challenging the proceedings, I am of the view that all these grounds can be raised during the course of trial and arguments.

4.It is made clear that this Court has not expressed any opinion with regard to the merits of the case.

5. In the result, this Criminal Original Petition stands dismissed.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar smi To 1.The Inspector of Police, All Women Police Station, Vellore, Namakkal.

2.The Public Prosecutor, High Court, Madras.

3.The Chief Judicial Magistrate Vellore +1 cc to Mr.E.K.Kumaresan Advocate sr 77392 Crl.O.P.No.26907 of 2012 ssi(co) aa24/11/2017 https://hcservices.ecourts.gov.in/hcservices/