Madras High CourtCRL OP(MD)/1795/2023dismissed

Kasupandiammal v. The Inspector Of Police

2024-12-05Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD)Nos.1597 and 1604 of 2023 Kasupandiammal ... Petitioner/Sole Accused Vs.

1.The State Through the Inspector of Police, Thirumangalam Taluk Police Station, Crime No.55 of 2022 Madurai District.

...1st Respondent/Complainant 2.Uma ..2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the C.C.No. 1231 of 2022 pending on the file of the learned Judicial Magistrate, Thirumangalam and quash the same.

For Petitioner : Mr.J.Senthil Kumaraiah For R-1 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

For R-2 : Mr.A.Siva Subramanian

ORDER

This petition has been filed challenging the proceedings initiated by the first respondent against the petitioner under Sections 406, 420 and 506(i) of IPC.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.1231 of 2022 on the file of learned Judicial Magistrate, Thirumangalam, 2/4

within a period of six months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. 05.12.2024 Index: Yes/No Internet: Yes/No sji To 1.The Judicial Magistrate, Thirumangalam.

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

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N.ANAND VENKATESH.J., sji CRL.O.P(MD)No.1795 of 2023 05.12.2024 4/4