Mubarak Ali v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No.32043 of 2019 and Crl.M.P. Nos. 17565 & 17566 of 2019 1.Mubarak Ali 2.Samsudheen 3.Mumtaj ... Petitioners Vs.

1.State Rep. by The Inspector of Police All Women Police Station, Melmaruvathur, Kanchipuram District.

2.N.Rihanabegam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to C.C.No.215 of 2017 on the file of the Judicial Magistrate Court, Maduranthagam, Kanchipuram District and quash the same.

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For Petitioner : Mr. R.Sasikumar For Respondent 1 : Mr. A.Damodaran Additional Public Prosecutor For Respondent 2 : Mr. R.Chakkaravarthy.

O R D E R

This petition is filed to quash the final report for the offences under Section 498 (A), 506 (i) of the Indian Penal Code.

2. The learned counsel for the petitioner would submit that the impugned proceedings is malafide and is only a counter blast to the divorce proceedings initiated by the 1st petitioner herein against the 2nd respondent herein.

3. The learned Additional Public Prosecutor submitted that the Trial has commenced and 8 witnesses have already been examined.

4. Since the Trial is in advanced stage, this Court is not inclined 2/4

to entertain the petition at this stage. However, it is open to the petitioners to raise all their contentions before the Trial Court.

5. With the above observation, this petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 10.04.2023 Index : Yes/No Internet : Yes/No kan To The Judicial Magistrate Court, Maduranthagam, Kanchipuram District SUNDER MOHAN. J, 3/4

kan Crl.O.P.No. 32043 of 2019 10.04.2023 4/4