Madras High CourtCRL OP/30270/2019allowed

Raji v. The State,

2019-11-15Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.30270 of 2019 Raji .. Petitioner Vs.

1.The State rep by The Inspector of Police, J-8, Neelangarai Police Station, Chennai.

2.R.Saraswathi .. Respondents PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in C.C.No.300 of 2015 pending on the file of the learned Judicial Magistrate, Alandur, Chennai and quash the same. For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Ms.Saratha Devi.V for R1 Government Advocate (Crl.side) Mr.S.N.Arunkumar for R2

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the charge sheet in C.C.No.300 of 2015 pending on the file of the learned Judicial Magistrate, Alandur, Chennai and quash the same.

2. Both the de-facto complainant and the petitioner are present before this Court today. It is represented by the learned counsel for the second accused that he is out of country and therefore, he is unable to be present before this Court. However, the de-facto complainant has also filed an affidavit of service to that effect dated 15.11.2019, wherein, she has expressed her consent to have the proceedings quashed.

3. In order to identify the respective parties, they have also submitted the photo copies of their Aadhar Cards and the same has been made part of the record.

4. Recording the statements made in the affidavit of service dated 15.11.2019, the proceedings in in C.C.No.300 of 2015 pending on the file of the learned Judicial Magistrate, Alandur, Chennai, is quashed.

5. The Criminal Original Petition stands allowed accordingly.

Sd/- Assistant Registrar(J) //True copy// Sub Assistant Registrar vkr To 1.The Inspector of Police, J-8, Neelangarai Police Station, Chennai.

2.The Judicial Magistrate, Alandur, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.P.Sathyamurthy, Advocate SR.No.95409 Crl.OP No.30270 of 2019 (CO) GMY(06/12/2019)