Madras High CourtCRL OP/23595/2017dismissed

G.Venugopal, M/49 Years v. The State Rep By

2021-12-03Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 03.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No. 23595 of 2017 and Crl.M.P.Nos.13676 and 13677 of 2017 G.Venugopal . . . Petitioner/Sole Accused

Versus

1.The State rep by, Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai-600004.

...1st Respondent/Complainant (Crime No.11 of 2016) 2.Manjula . . .2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.4863 of 2017, on the file of XVIII Metropolitan Magistrate, Saidapet, Crime No.11 of 2016 on the file of 1st respondent and quash the same. For Petitioner : Mr.R.Ragavendran For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) for R1 : No appearance for R2 - - - - -

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.4863 of 2017, on the file of XVIII Metropolitan Magistrate, Saidapet.

Heard the learned counsel appearing for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate for the first respondent. There is no representation on behalf of the second https://hcservices.ecourts.gov.in/hcservices/

respondent.

The learned counsel appearing for the petitioner raised all the factual aspects, questioning the conduct of the de facto complainant. He is in fact forcing this Court to convert it as trial Court to believe his versions of the so called exchange of whatsapp messages. Without any proof, this Court is not inclined to accept the submissions of the petitioner. If the petitioner is having any materials to substantiate his case, it is for him to confront the de facto complainant before the trial Court.

4. With the above observation, this Criminal Original Petition is dismissed. It is well open to the petitioner to raise all his defence before the trial Court. Trial Court is directed to decide the main case on its own merits, as expeditiously as possible. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar psa/mvs To 1.The XVIII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai-600004.

3. The Public Prosecutor, High Court, Madras 600104.

Crl. O.P. No. 23595 of 2017 SVI(CO) CB(20/12/2021) https://hcservices.ecourts.gov.in/hcservices/