Dhivya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 23985 of 2021 and Crl.M.P.No.13242 of 2021 Dhivya ... Petitioner

Versus

1. The State represented by The Inspector of Police, J - 5, Sastri Nagar Police Station, Chennai District, (In Crime No.137 of 2021)

2. Ganesh ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records culminating in the C.C.No.2318 of 2021 pending on the file of the learned Metropolitan Magistrate No. IX of Saidapet, Chennai and to quash the same. 1/4

For Petitioner : No Appearance For Respondent : Mr. A. Damodaran Additional Public Prosecutor for R1.

O R D E R

The petition is to quash the Charge Sheet in C.C.No.2318 of 2021 on the file of the learned Metropolitan Magistrate No. IX of Saidapet, Chennai, for the alleged offences under Sections 120(b), 294(b), 323, 352 and 506 (ii) r/w 34 IPC.

2. When the matter was taken up for hearing, there was no representation for the petitioner. However, it is reported by the learned Additional Public Prosecutor, for the first respondent that trial has commenced and nine witnesses have already been examined out of fifteen witnesses by the prosecution.

3. In view of the advanced stage of the trial, this Court is not inclined to entertain this petition. However, the petitioner is at liberty to raise all her contentions before the trial Court. 2/4

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

27.06.2023 dk Index: Yes/No Speaking Order / Non-Speaking Order To 1.The Metropolitan Magistrate No. IX Saidapet, Chennai.

2. The Inspector of Police, J - 5 Sastri Nagar Police Station, Chennai District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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SUNDER MOHAN, J dk Crl.O.P.No. 23985 of 2021 and Crl.M.P.No.13242 of 2021 Dated: 27.06.2023 4/4