Madras High CourtCRL OP(MD)/20240/2015dismissed

Uma Mahesh v. Agnesh Anamika

2016-11-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.20240 of 2015 and MP(MD).No.1 and 2 of 2015 1 UMA MAHESH S/O HARIDHASS KOOTHAN VAZHAGAM KEEZHAKKARAI MONDAICAUD AND POST KANYAKUMARI DISTRICT.

2 JAGADEESWARI W/O.HARIDHASS KOOTHAN VAZHAGAM KEEZHAKKARAI MANDAICAUD AND POST KANYAKUMARI DISTRICT.

3 HARIDHASS S/O. UMATHANU ASARI KOOTHAN VAZHAGAM KEEZHAKKARAI MANDAICAUD AND POST KANYAKUMARI DISTRICT.

4 AJITHA W/O. BIJIKUMAR BELL QUARTERS THIRUVERAMPUR AND POST TRICHY DISTRICT.

5 BIJI KUMAR S/O. SHANMUGA ASARI BELL QUARTERS THIRUVERAMPUR AND POST TRICHY DISTRICT.

.. Petitioner Vs.

1 AGNESH ANAMIKA D/O. P.P. MOHAN NO.5/303 V.O.C. 2ND STREET TAHSILDAR NAGAR ANNA NAGAR MADURAI.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct to call for the records relating to the impugned application in M.C.No.331/2014 on the file of the Judicial Magistrate cum special Mahila Court Madurai and QUASH the same and pass such further or other orders as this Honourable Court.

For Petitioner :Mr.R.Russel Raj For respondent : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

This petition is filed seeking to quash the proceedings in M.C.No.331 of 2014 on the file of the learned Judicial Magistrate cum Special Mahila Court, Madurai.

2.Heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner would submit that the petitioners have been falsely roped in this case. Since the proceeding is motivated, it is liable to be quashed. 4.Considering the fact that there are prima facie materials available against the Petitioners, this Court is not inclined to quash the case in M.C.No.331/2014. Hence, the criminal original petition is dismissed. Consequently, connected M.P.(MD).Nos.1 and 2 of 2015 are closed. However, the personal appearance of the petitioners 2 to 5 in M.C.No.331 of 2014 is dispensed with and they are directed to appear before the trial court, when their presence is required by the learned Judicial Magistrate cum Special Court, Madurai.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Judicial Magistrate cum Special Mahila Court Madurai +One cc to Mr.R.Russel Raj, Advocate, SR.No.69823 RR RL/3C/2P/SKS/RR/14.12.2016 Crl.O.P(MD)No.20240 of 2015 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/