R. Ramasamy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.23637 of 2021 and Crl.M.P.No.13008 of 2021

1. R.Ramasamy

2. R.Lakshmi

...Petitioners/A1 and A2

Versus

1. The Inspector of Police, Sendhamangalam Police Station, Namakkal District - 637 409 Crime No.721 of 2021

2. M. Rukmani

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining to First Information Report registered as Crime No.721 of 2021 on the file of the 1st respondent and to quash the same.

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For Petitioners : Mr. S. Sivakumar For R1 : Mr. A.Damodaran Additional Public Prosecutor For R2 : No Appearance

O R D E R

The petition is to quash the FIR for the alleged offences under Sections 294 (b), 341 and 324 of the Indian Penal Code.

2. The learned counsel for the petitioners fairly submits that pursuant to the investigation conducted in the impugned FIR, a Final Report was filed in C.C.No.45 of 2023 on the file of the learned Judicial Magistrate, Sendhamangalam, Nammakal, and the trial also has commenced. However, the learned counsel for the petitioners submitted that the first petitioner is no more and the second petitioner is a lady and her presence before the Trail Court may be dispensed with.

3. Hence, the presence of the second petitioner before the trial Court in C.C. No.45 of 2023 on the file of the learned Judicial Magistrate, Sendhamangalam, Namakkal District shall be dispensed with unless the 2/4

learned Magistrate considers her presence necessary for the progress of the trial.

4. With the above observations, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous is closed.

27.06.2023 dk Index: Yes/No Speaking Order / Non-Speaking Order To

1. The Inspector of Police, Sendhamangalam Police Station, Namakkal District - 637 409 Crime No.721 of 2021 2.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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SUNDER MOHAN, J dk Crl.O.P.No.23637 of 2021 and Crl.M.P.No.13008 of 2021 Dated: 27.06.2023 4/4