Madras High CourtCRL OP/21799/2023dismissed

M.Jegan v. State Rep.By

2023-09-29Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.21799 of 2023 and Crl.M.P.No.15091 of 2023 1.M.Jegan 2.M.Kanchana 3.Ms.Pavithra .. Petitioners Vs.

1.The State Rep. by its The Sub-Inspector of Police, K-8, Arumbakkam, Chennai - 600 106.

2.Mr.Augustin ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet filed by the respondent police in C.C.No.3473 of 2023 against the petitioners pending on the file of the learned Vth Metropolitan Magistrate Court, Egmore, Chennai. For Petitioners : Mr.S.Selvaraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

O R D E R

The petitioners are A1 to A3. They have filed this petition for quashing the case in C.C.No.3473 of 2023 on the file of the learned Vth Metropolitan Magistrate Court, Egmore, Chennai.

2.The learned counsel for the petitioners stated that the civil dispute has been given a different colour in criminal case.

3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

4.The petitioners have been charged for the offences under Sections 294(b) and 506(i) of IPC. This Court is of the view that, whether the offence has been committed by the petitioner or not is a matter of evidence. Therefore, this Court cannot conduct a roving enquiry while exercising its jurisdiction under Section 482 Cr.P.C. What is required to be done is to find out whether there is any prima facie allegation to attract the offence. However, whether those allegations are true or not, is a matter of evidence, which can be gone into at the stage of trial. 2/4

5.Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

29.09.2023 Index : Yes/No Internet : Yes/No ssr To 1.The Vth Metropolitan Magistrate Court, Egmore, Chennai. 2.The Sub-Inspector of Police, K-8, Arumbakkam, Chennai - 600 106.

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

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RMT.TEEKAA RAMAN.J, ssr Crl.O.P.No.21799 of 2023 and Crl.M.P.No.15091 of 2023 29.09.2023 4/4