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Madras High CourtCRL OP/22926/2019dismissed

Kokila v. The State Rep By

2022-03-23Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022 CORAM :

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN CRL.O.P.NO.22926 OF 2019 AND CRL.M.P.NO.11965 OF 2019 Mrs.Kokila

...Petitioner

/versus/ 1.State Rep.by The Inspector of Police, S-11, Tambaram Police Station, Tambaram, Chennai.

2.Seethalakshmi

...Respondents

Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records in pertaining to the C.C.No.239 of 2019 on the file of the learned Judicial Magistrate, Tambaram and quash the same.

For Petitioner :

Mr.M.Vinoth For Respondents :

Mr.S.Santhosh, Government Advocate (Crl.Side) for R1 No Appearance for R2

O R D E R

This Criminal Original Petition has been filed seeking to call for the records in pertaining to C.C.No.239 of 2019 on the file of the learned Judicial Magistrate, Tambaram and quash the same.

2.It is the case where the defacto complainant has been restrained by the petitioner/accused in the public road and picked quarrel with her. She abused in filthy language and also threatened her that she will kill her. All these disputes have arisen because one Mr.Vijaya Kumar, who is the husband of the defacto complainant, had developed intimacy with the petitioner herein.

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

3.Claiming that there is no evidence to prosecute the present petition under Section 482 of Cr.P.C., has been filed to quash the complaint, which has been taken on file by the Judicial Magistrate, Tambaram in C.C.No.239 of 2019. 4.However, on reading of statement of the witnesses recorded under Section 161 of Cr.P.C and annexed with the charge sheet, this Court finds that there is enough material to frame charge against the petitioner herein. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ari To:

1.The Judicial Magistrate, Tambaram.

2.The Inspector of Police, S-11, Tambaram Police Station, Tambaram, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22926 of 2019 and Crl.M.P.No.11965 of 2019 PL(CO) RVM(04/04/2022) https://hcservices.ecourts.gov.in/hcservices/