Madras High CourtCRL OP(MD)/2446/2014dismissed

Eswari v. The Inspector Of Police

2018-09-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2446 of 2014 and M.P(MD).No.1 of 2014 Eswari ..Petitioner Vs.

1. The Inspector of Police, All Women Police Station, Tallakulam, Madurai City, crime No.31 of 2013

2. Rajapradeepa ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.17 of 2014 on the file of the Additional Mahila Court (J.M.Level), Madurai and quash the same as illegal. For Petitioner : Mr.A.K.Manickam For Respondent : Mr.V.Neelakandan, APP for R1 Mr.M.Solaisamy for R2

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.17 of 2014 on the file of the Additional Mahila Court (J.M.Level), Madurai, having been taken cognizance for the offence under Sections 417, 420, 309 read with 109 of I.P.C. and Section 4 of TNPHW Act and Section 3 of D.P.Act, in which, the petitioner is arraigned as A5.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State/R1 and also the learned counsel appearing for the second respondent/defacto complainant.

3.Reading of the grounds raised by the learned counsel for the petitioner would show that the said grounds have to be gone into in a full fledged trial and no sufficient grounds have been raised by the learned counsel to quash the criminal proceedings against the petitioner. Therefore, this Court is not inclined to entertain this criminal original petition. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this criminal original petition is dismissed with the liberty to the petitioner to raise all the grounds before the trial Court. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Additional Mahila Court (J.M.Level), Madurai

2. The Inspector of Police, All Women Police Station, Tallakulam, Madurai City.

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

ARUL VB/SKN/SAR4/25.10.2018/2P/4C Crl.O.P.(MD).No.2446 of 2014 and M.P(MD).No.1 of 2014 06.09.2018 https://hcservices.ecourts.gov.in/hcservices/