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Madras High CourtCRL OP(MD)/22814/2014ordered

G.Ganesan v. The Deputy Superintendent Of

2015-11-24Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).No.22814 of 2014 and M.P.(MD).Nos.1 and 2 of 2014 G.Ganesan S/o.Govindasamy Pillai Head Constable No.946, (Now under Suspension) No.516, Neithal Nagar, New Housing Board, Thanjavur, Thanjavur District.

... Petitioner/Accused No.3 -Vs1.The Deputy Superintendent of Police(DSP) CBCID, Thanjavur District.

(Crime No.495 of 2007) ..Respondent/Complainant 2.Mr.Veerai Vallatharasu ... 2nd Respondent/Defacto Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for records pertaining to the charge sheet in S.C.No.373 of 2011 pending before the Mahila Court, Thanjavur District in Crime No.495 of 2007 under Sections 343, 306, 354 and 409 r/w. 120(B) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 on the file of the respondent No.1 dated 20.11.2007 and quash the same as illegal.

For Petitioner :Mr.G.Prabhu Rajadurai For R1 :Mrs.S.Prabha Government Advocate(Crl.side) For R2 :Mr.A.Saravanan

ORDER

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for records pertaining to the charge sheet in S.C.No.373 of 2011 pending before the Mahila Court, Thanjavur District in Crime No.495 of 2007 under Sections 343, 306, 354 and 409 r/w. 120(B) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 on the file of the respondent No.1 dated 20.11.2007 and quash the same as illegal.

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2.Heard the learned counsel appearing for the petitioner. 3.When the matter was taken up for hearing today, the learned counsel appearing for the petitioner would submit that it would suffice if the personal appearance of the petitioner may be dispensed with before the Court below.

4.Considering the said submission, the personal appearance of the petitioner is dispensed with before the trial Court, unless and until it is specifically required by the said Court. The Mahila Court, Thanjavur is also directed to dispose of the case in S.C.No.373 of 2011 within a period of four months from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Sessions Judge, Mahila Court, Thanjavur.

2.The Deputy Superintendent of Police CBCID, Thanjavur.

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

+One cc to Mr.G.Prabhu Rajadurai, Advocate, SR.No.20875 Ns RL/ 5c- 11/5/2015 Crl.O.P(MD)No.22814 of 2014 21.04.2015 https://hcservices.ecourts.gov.in/hcservices/