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Madras High CourtCRL OP/17630/2017dismissed

Sivakumar, M/A 36 Years, v. The State Rep By Its,

2021-11-10Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.17630 of 2017 and Crl.M.P.Nos.10788 & 10789 of 2017 Sivakumar ... Petitioner/Accused Vs.

1.State represented by its Inspector of Police, All Women Police Station, Dharmapuri District.

2.Prithdeepa ... Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.55 of 2017 on the file of the Judicial Magistrate No.I, Dharmapuri District, and quash the same.

For Petitioner : Mr.S.Arivazhagan For R1 : Mr.S.Vinoth Kumar for Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet filed in C.C.No.55 of 2017 on the file of the Judicial Magistrate No.I, Dharmapuri District, for the offence under Section 354-A IPC.

2.Heard the learned counsel on either side and perused the entire materials available on record.

3.On a perusal of the materials, it is seen that the charge leveled against the petitioner/accused is that the petitioner molested the de facto complainant and also touched her https://hcservices.ecourts.gov.in/hcservices/

body parts.

4.This Court is of the view that the allegations against the petitioner/accused are serious in nature and it requires a roving enquiry and needs to be probed into during the process of trial, by adducing evidence and the same cannot be gone into by this Court at this stage, in exercise of its jurisdiction under Section 482 Cr.P.C.

5.Therefore, I do not find any merit in this petition and accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar mkn To 1.The Judicial Magistrate No.I, Dharmapuri District.

2.The Inspector of Police, All Women Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17630 of 2017 SVI(CO) CB(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/