Madras High CourtCRL OP(MD)/3962/2019disposed of

Kumarasamy, S/O.Muthaiah v. The Inspector Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.3962 of 2019 and Crl.M.P.(MD).No.2346 of 2019 Kumarasamy : Petitioner / Sole Accused -Vs1.The State represented through, by the Inspector of Police, Medical College Police Station, Tirunelveli District.

: 1st Respondent / Complainant (Crime No.03 of 2019) 2.Seethalakshmi : 2nd Respondent / De facto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records of F.I.R. in Crime No.03 of 2019, on the file of the respondent No.1 Police Station and quash the same as illegal.

For Petitioner : Mr.M.Maharaja For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) **********

O R D E R

The present petition is filed to quash the proceedings in Crime No.03 of 2019, on the file of the first respondent, registered for the offences under Sections 294(b), 307, 506 (2) I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002. 2.The learned Government Advocate (Crl. side) submitted that a final report has been filed and the same has been laid before the learned Judicial Magitrate No.1, Tirunelveli on 11.01.2019, but, not yet taken on file.

3.The learned Chief Judicial Magistrate, Tirunelveli, is directed to make a report as to why the charge sheet laid before the learned Judicial Magistrate on 11.01.2019 has not been taken on file. However, the petitioner will be at liberty to challenge the final report if there are grounds existing for the same. https://hcservices.ecourts.gov.in/hcservices/

4.Recording the said submission made by the learned Government Advocate (Crl. Side), this Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No. I, Tirunelveli

2. Do Through the Chief Judicial Magistrate, Tirunelveli 3 .The Inspector of Police, Medical College Police Station, Tirunelveli District.

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

Copy To: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.MAHARAJA, Advocate ( SR-54753[F] dated 18/03/2019 ) Order made in CRL.O.P.(MD) No.3962 of 2019 15.03.2019 MSI/12.04.2019/2P-8C https://hcservices.ecourts.gov.in/hcservices/