Madras High CourtCRL OP(MD)/1716/2020dismissed

Sankar Ganesh v. The Inspector Of Police

2022-03-03Honourable Mr Justice N. Sathish Kumar2 pages

Crl.O.P(MD)No.1716 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P(MD)No.1716 of 2020 and Crl.M.P(MD)Nos.814 & 815 of 2020 1.Sankar Ganesh 2.Subbulakshmi 3.Kathiresan 4.Kannammal ... Petitioners/Accused Nos.1 to 4 -vs1.State rep. by The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District.

(Crime No.10 of 2018) ... 1st Respondent/Complainant 2.Seetha Lakshmi ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and quash the charge sheet in C.C.No.240 of 2019, on the file of the learned Judicial Magistrate, Tenkasi, Tenkasi District as against the petitioners herein. For Petitioner : Mr.K.Veilmuthu For R1 : Mr.P.Kottaichamy Government Advocate For R2 : Mr.R.J.Karthick

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in C.C.No.240 of 2019 on the file of the Judicial Magistrate, Tenkasi.

2. The learned Government Advocate (Crl.side) appearing for the first respondent, on instructions, would submit that these petitioners have already filed Crl.O.P.(MD)No.17544 of 2021 before this Court, wherein, they filed a compromise memo and on the basis of the compromise memo filed by them, this Court by order, dated 15.11.2021 quashed the entire proceedings.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1716 of 2020

3. In view of the above, quashment of the same proceedings in C.C.No.240 of 2019 does not arise in this case, since it was already quashed. But this Court recorded the displeasure over the manner in which these petitioners have filed another petition for quashing the same proceedings before the another Single Judge. Such conduct is nothing but abuse of process of law. Their act cannot be condoned lightly in choosing the forum according to their whims and fancies when the petition is already pending suppressing the same and filing similar petition for getting orders from another Single Judge is nothing but abusive process and contempt of Court. Hence, this petition is dismissed with a cost of Rs.

25,000/- (Rupees Twenty Five Thousand only) payable to the Creche attached to the Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order. The President, Women Lawyer's Association, Madurai Bench of Madras High Court, Madurai is directed to file a report before this Court whether the said cost amount is paid or not within the time frame fixed by this Court. Consequently, connected miscellaneous petitions are closed. It is also made clear that failure to pay the costs as ordered by this Court, the petitioners will be proceeded for contempt of Court. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To The President, Women Lawyer's Association, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.1716 of 2020 03.03.2022 SAR(CO) GC(25.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2