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Madras High CourtCRL OP/22551/2019dismissed

S.Birundha v. State By

2019-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.22551 of 2019 and Crl.M.P.No.11747 of 2019 1.S.Birundha 2.Asha @ Anees Fathima ... Petitioners -vs1.State by Inspector of Police, Samalpatti Police Station, Krishnagiri District.

(P.R.C.No.18/2019) 2.P.Manimegalai ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in P.R.C.No.18/2019 on the file of the Judicial Magistrate, Uthangarai, Krishnagiri and quash the same.

For Petitioner : Mr.T.Venkatesan For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in P.R.C.No.18 of 2019 on the file of the Judicial Magistrate, Uthangarai, Krishnagiri and quash the same. 2.The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage. https://hcservices.ecourts.gov.in/hcservices/

3.This Criminal Original Petition is dismissed and the Committal Court is directed to commit the case to the appropriate Sessions Court within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar vs To 1.The Judicial Magistrate, Uthangarai, Krishnagiri.

2.-Do-Thro The Chief Judicial Magistrate, Krishnagiri.

3.The Inspector of Police, Samalpatti Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Venkatesan Advocate, S.R.No.71286 SKV(CO) CB(19/09/2019) CRL.O.P.No.22551 of 2019 and Crl.M.P.No.11747 of 2019 https://hcservices.ecourts.gov.in/hcservices/