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Madras High CourtCRL OP(MD)/1504/2015allowed

Selvaraj v. The Inspector Of Police

2015-02-05Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.1504 of 2015

1. Selvaraj

2. Anand @ Muruganantham

3. Nagarajan

4. Murugesan

...Petitioners

Vs.

1. The Inspector of Police, Ulagampatti Police, Ulagampatti, Sivagangai District.

Crime No.31 of 2013.

2. Senthilkumaresan

3. Jayalakshmi

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the complaint in P.R.C.No.53 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Thiruppathur and quash the same as illegal. For Petitioners : Mr.T.Vadivelan For R1 : Mrs.S.Prabha Govt. Advocate (Crl.side) For R3 : Mr.V.Selva (R3)

O R D E R

This Criminal Original Petition is filed to quash the charge sheet in P.R.C.No.53 of 2013 on the file of the District Munsif-cum-Judicial Magistrate Court, Thiruppathur.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

3. The affidavit of the alleged victim informs that she being in love with the first petitioner had left the parental home. She and the first petitioner are now husband and wife. The couple is before this Court with child.

4. In such circumstances, it is appropriate to quash the case in P.R.C.No.53 of 2013 on the file of the District Munsif-cum-Judicial Magistrate Court, Thiruppathur, pending committal for offence under Section 366(A) I.P.C. Accordingly, this Criminal Original Petition is allowed and the case in P.R.C.No.53 of 2013 on the file of the District Munsif-cum-Judicial Magistrate Court, Thiruppathur is quashed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To

1. The District Munsif cum Judicial Magistrate, Thirupatthur.

2. -do-thro'the Chief Judicial Magistrate, Sivagangai.

3. The Inspector of Police, Ulagampatti Police, Ulagampatti, Sivagangai District.

4 The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.T.Vadivelan, Advocate in SR.5619 Crl.O.P.(MD)No.1504 of 2015 05.02.2015 akv PBK 18/02/2015 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/