Madras High CourtCRL OP(MD)/3448/2022dismissed

G.N.Kumar v. The Inspector Of Police

2022-02-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Crl.O.P.(MD)No.3448 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE S.ANANTHI Crl.O.P.(MD)No.3448 of 2022 G.N.Kumar ... Petitioner/Accused No.1 Vs.

The State. Rep. by The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct to set aside the order as made in Crl.M.P.No.1413 of 2021 in C.C.No.24 of 2014 by the Hon'ble the District Munsif Cum Judicial Magistrate, Dindigul forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to set aside the order as made in Crl.M.P.No.1413 of 2021 in C.C.No.24 of 2014 by the Hon'ble the District Munsif Cum Judicial Magistrate, Dindigul forthwith.

2.It is stated by the petitioner in his petition that Crl.M.P.No.1413 of 2021 has been filed by the complainant to examine additional witness, the doctor who gave treatment to the defacto complainant. Since the offences are under Sections 498(A), 452, 506 (i) IPC, the evidence of doctor is not necessary to give evidence. 3.It is seen from the order that the defacto complainant consumed sleeping pills as she unable to bear the harassment, with a view to commit suicide. To prove the fact, examination of Doctor, who gave treatment to the victim, is necessary, nothing will prejudice the accused.

4.Accordingly, this Criminal Original Petition is dismissed, by confirming the order in Crl.M.P.No.1413 of 2021 in C.C.No.24 of 2014 passed by the learned the District Munsif Cum Judicial Magistrate, Dindigul.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) pnm/aav https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.3448 of 2022 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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

Crl.O.P.(MD)No.3448 of 2022 18.02.2022 MGJ(02.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/