Selvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11742 of 2017 and Crl.M.P(MD).Nos.8086 and 8087 of 2017 Selvan : Petitioner/Accused No.2 -Vs1. State through The Inspector of Police, Keeranur Police Station, Pudukottai District.

:Respondent No.1/De-Jure Complainant 2.M.Vengatesh : Respondent No.2/De-facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to call for the records connected with the case in S.C.No.82 of 2017 on the file of the Mahila Court, Pudukottai and quash the same as illegal. For Petitioner : Mr.R. Alagumani For Respondent No.1 : Mr.K.S.. Durai Pandian Additional Public Prosecutor ****

O R D E R

This petition is filed for quashing the proceedings in S.C.No.82 of 2017 pending on the file of the Mahila Court, Pudukottai.

2. The petitioner states that he is the husband of one Rekha. The petitioner has alleged that the petitioner's wife has committed murder of their own child and for murder and for other offences a criminal complaint was lodged. After filing charge sheet, the proceeding was taken on file in S.C.No.82 of 2017 and now, it is pending before the Mahila Court, Pudukkottai. The petitioner is the second accused in the criminal case.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

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4. From the complaint it is seen that the frustrated wife of the petitioner has poisoned her children and herself. The

petitioner is also second accused as he suppressed material informations which he ought to have revealed. Since this Court is able to see a prima facie as against the petitioner under Sections 200 and 202 of IPC, this Court is not inclined to quash the proceedings. Further, the petitioner is the person who appears to have created such a bad situation for his wife to commit such an offence. Hence, this Court is not inclined to quash the proceedings. Accordingly, the Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

5. The learned counsel appearing for the petitioner states that the petitioner is working as a Teacher and that his appearance may be dispensed with.

6. Considering the fact that the petitioner is not involved in the major offence, this Court is inclined to dispense with the appearance of the petitioner for the present unless or until the appearance of the petitioner is specifically required by the order of the Court.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Judge, Mahila Court, Pudukottai.

2.The Inspector of Police, Keeranur Police Station, Pudukottai District.

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

+1 cc to Mr.R. Alagumani, Advocate SR.No.32342 TRP JS/MR.KKR/SAR.4/25.10.2017/2P-4C CRL.O.P.(MD)No.11742 of 2017 and Crl.M.P(MD).Nos.8086 and 8087 of 2017 06.10.2017 https://hcservices.ecourts.gov.in/hcservices/