Pmk.Senthil Kumar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.31632 of 2019 And Crl.M.P.Nos. 17318 & 17319 of 2019 PMK.Senthil Kumar ... Petitioner/Accused No.2 Vs 1.

The State represented by The Inspector of Police Pollachi West Police Station Coimbatore District.

Cr.No. 303 of 2015 ... 1st respondent/Complainant 2.

S.Saravanan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the Criminal Case in C.C.No. 314 of 2019 on the file of the learned Judicial Magistrate No.2, Pollachi and quash the same. *** For Petitioner : Mr. D.R.Arun Kumar For 1st Respondent : Mr.A.Damodaran Additional Public Prosecutor For 2nd Respondent: No appearance

O R D E R

This Petition is to quash the final report for the offences under Sections 341, 294(b), 323 and 506(ii) of IPC.

2. It is alleged in the final report that the petitioner along with other had abused the de-facto complainant and caused hurt to her.

3. The learned counsel for the petitioner would submit that the allegations are false and no independent witnesses are examined on the side of the prosecution to establish the offences.

4. This Court finds that the points raised by the petitioner are factual in nature and has to be adjudicated only before the trial Court. Hence, this Court is not entertain the quash petition.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. However, the petitioner is at liberty to raise all the points before the trial Court. 23.03.2023 vsg Index: Yes/No Speaking Order / Non-Speaking Order

To 1.

The Inspector of Police Pollachi West Police Station Coimbatore District.

2.

The Public Prosecutor, High Court, Madras.

SUNDER MOHAN. J, vsg Crl.O.P.No.31632 of 2019 And Crl.M.P.Nos. 17318 & 17319 of 2019 23.03.2023