Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD)Nos.2176 and 2177 of 2020 1.Selvi, W/o.Kumar @ Yesu 2.Kumar Yesu, S/o.Yesaiya ... Petitioners vs.

1.State Through, The Inspector of Police, Cumbum North Police Station, Theni.

(Crime No.231 / 2019) 2.P.Alaguraja ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Spl.S.C.No.83 of 2019, on the file of the Fast Track Mahila Court, Theni and quash the proceedings against the petitioners/Accused Nos.2 and 3.

For Petitioners : Mr.P.Aju Tagore For 1st Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed seeking to quash the proceedings relating to Spl.S.C.No.83 of 2019, pending against the petitioners/A2 and A3, on the file of the Fast Track Mahila Court, Theni.

2. The petitioners are facing the charges under Section 506(i) of I.P.C. and Section 17 of the Protection of Children from Sexual Offences Act, 2012.

3. It is alleged that the son of the petitioners/Accused No.1 had compelled the victim girl, who was then a minor, to marry him and that the petitioners abetted the said offence.

4. The learned counsel appearing for the petitioners submitted that the son of the petitioners/Accused No.1 is no more. The allegations levelled against the petitioners are highly improbable and the petitioners have been victimized. The learned counsel appearing for the petitioners also submitted that the trial had already commenced and now, it is at the stage of examination of the Investigation Officer.

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5. In view of the stage of trial, this Court is of the opinion that it would be appropriate for the petitioners to raise all their contentions before the trial Court. The trial Court is directed to complete the trial in an expeditious manner and in any event, complete the same within a period of three months from the date of receipt of a copy of this order.

6. With the above observation, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 12.12.2022 smn2 To 1.The Judge, Fast Track Mahila Court, Theni.

2.The Inspector of Police, Cumbum North Police Station, Theni.

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

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SUNDER MOHAN , J.

smn2 ORDER MADE IN DATED : 12.12.2022 4/4