Franklin, M/A 37 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR CRL.O.P.NO.23647 OF 2017 AND CRL.M.P.NOS.13712 & 13713 OF 2017 Franklin

...Petitioner / Accused

Versus

1.State by:

The Inspector of Police, V-7 Nolambur Police Station, Nolambur, Chennai.

...1st Respondent / Complainant (Crime No.859 of 2013) 2.A.Vanithasree. ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in P.R.C.No.31 of 2017 on the file of the Judicial Magistrate Court, Ambattur, Chennai and quash the same.

For Petitioner :

Mr.R.C.Paul Kanagaraj For Respondents :

Mr.Kishore Kumar Government Advocate (Crl.Side) for R1

O R D E R

This Criminal Original Petition has been filed to quash P.R.C.No.31 of 2017, pending on the file of the Judicial Magistrate Court, Ambattur, Chennai.

2. Heard the learned counsel appearing for the petitioner as well as Mr.R.Kishore Kumar, learned Government Advocate (crl.side) appearing for the first respondent and perused the materials available on record.

3. On a careful perusal of the very final report and statement of witnesses clearly indicate that there are serious allegation made against the accused for committing the offence of rape. Evidentiary value of the statement of witnesses, cannot be gone into at this stage.

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4. Accordingly, this Criminal Original Petition is dismissed. The trial Court is directed to expedite the trial and dispose of P.R.C.No.31 of 2017, pending on the file of the Judicial Magistrate Court, Ambattur, Chennai, as per law. The trial Court is further directed to complete the trial by examining the witnesses on day to day basis. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar shk/mvs To 1.The Judicial Magistrate Court, Ambattur, Chennai.

2.(do through) The Chief Judicial Magistrate, Thiruvallur.

3.The Inspector of Police, V-7 Nolambur Police Station, Nolambur, Chennai.

(Crime No.859 of 2013) 4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.23647 of 2017 CA(CO) RVM(16/12/2021) https://hcservices.ecourts.gov.in/hcservices/