Tmt.Nagarathinam, v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.26753 of 2017 & Crl.M.P.No.15402 of 2017 Nagarathinam ... Petitioner

Versus

1. State rep. By The Inspector of Police, D-2, Chengalpattu Taluk Police Station, Kancheepuram District

2. Kannan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in P.R.C.No.4 of 2014 pending on the file of learned Judicial Magistrate No.XI, Chengalpattu and quash the same. For Petitioner :

Mr.V.Paarthiban For Respondents:

Mr.S.Vinoth Kumar for R1 Government Advocate (Crl.Side) No appearance - R2

O R D E R

The present Criminal Original Petition is filed to call for the records in P.R.C.No.4 of 2014 pending on the file of learned Judicial Magistrate No.XI, Chengalpattu and quash the same.

2. Heard Mr.V.Paarthiban, learned counsel for the petitioner, who would submit that the present petition is pending from the year 2017 and the petitioner has been falsely implicated in this case, thereby pleaded to quash the proceedings pending before the court below.

3. Mr.S.Vinoth kumar, learned Government Advocate https://hcservices.ecourts.gov.in/hcservices/

(Crl.Side) submits that the prosecution has unearthed certain serious materials pointing out the accused and the present petition is only to drag on the proceedings.

4. Though notice was ordered as early as on 06.12.2017, served on the 2nd respondent and his name being printed in the cause list, there is no representation on behalf of the 2nd respondent either in-person or through learned counsel.

5. Considering the submissions on either side, this Court is of the view that it is for the petitioner to establish her stand before the trail court and the petitioner is at liberty to raise all her defence before the trial court.

6. In such view of the matter, I do not find any merit in this petition and the present Criminal Original Petition is dismissed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ssd To

1. The Judicial Magistrate No.XI, Chengalpattu

2. State rep. By The Inspector of Police, D-2, Chengalpattu Taluk Police Station, Kancheepuram District

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.26753 of 2017 & Crl.M.P.No.15402 of 2017 KSM(CO) SU(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/