Madras High CourtCRL OP/24199/2024dismissed

Sagul Sajjath @ Mohammad Shahulsajjad.K v. State Rep.By

2024-10-01Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24199 of 2024 and Crl.MP.No.13629 of 2024 Sagul Sajjath @ Mohammed Shahul Sajjad .. Petitioner Vs.

1. State Rep.by The Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District.

(Cr.No.254 of 2024) 2.H.S.Muthumuhamed .. Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023 to call for records pertaining to the case registered in First Information Report in Cr.No.354 of 2024 on the file of 1st respondent and quash the same as illegal as far as the petitioner is concerned. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The dispute between the husband and wife who are estrange due to discard. The child is with the mother who is the defacto complainant in Cr.No.354 of 2024.

2. The substance of the complaint is that the petitioner along with others had gone to the house of the defacto complainant and used filthy language and also caused hurt in their pursuit of taking custody of the minor child.

3. This petitioner has filed the petition to quash the complaint stating that this is a matter which has to be decided by the Court and criminal complaint is not sustainable.

4. However, on reading of an FIR, this Court finds that the abuse with filthy language and threat besides hurt been stated in the complaint and hence, it requires investigation. It is not the matter to be quashed on the premise that such a incident not happened. Hence, this Criminal Original Petition to quash stands dismissed with liberty to the petitioner 2/4

to challenge the final report, if aggrieved and advised. Consequently, the connected miscellaneous petition is closed.

01.10.2024 Vv To

1. The Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District.

2. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

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Vv Crl.OP.No.24199 of 2024 01.10.2024 4/4