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Madras High CourtCRL OP(MD)/5968/2021closed

I.Jeyarani v. The Inspector Of Police

2023-04-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.5968 of 2021 and Crl.M.P(MD)No.3432 of 2021 1.J.Jeyarani 2.M.Jesu Rajan 3.J.Josbin Salini

...Petitioners

Vs.

1.The State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

Crime No.298 of 2020 2.John Edison

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the case registered in First Information Report in Crime No.298 of 2020 on the file of the first respondent and quash the same as illegal in so far as the petitioner alone. For Petitioners : No appearance For R-1 : Mr.M.Muthumanikkam Government Advocate For R-2 : Mr.S.Muthumali Raja

ORDER

The petitioners / Accused Nos.1 to 3 have filed this petition to quash the FIR in Crime No.298 of 2020 on the file of the Inspector of Police, Thisayanvilai Police Station, Tirunelveli District, wherein they were said to have committed offence under Sections 324, 294(b) and 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The case of the prosecution is that on 02.10.2020, the defacto complainant and his wife while taking water from the water pump which was situated near by their home, the father of the defacto complainant and his mother illegally trespassed into their house and attacked the defacto complainant's wife with iron rod. When the same was questioned by the defacto complainant, the second petitioner attacked the defacto complainant's right hand wrist. Hence, the defacto complainant preferred a complaint before the respondent police and the same was registered in Crime No.298 of 2020 for the above said offence and to quash the same, the petitioner filed this petition.

3. When the matter is taken up for hearing today, the learned Government Advocate appearing for the first respondent would submit that the investigation in Crime No.298 of 2020 has been completed and charge sheet has been filed before the learned Judicial Magistrate, Radhapuram and the same was taken on file in C.C.No.334 of 2022.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioners work out their remedy in the manner known to law. Consequently, connected Miscellaneous Petition stands closed.

05.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR To 1.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

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

K.K.RAMAKRISHNAN, J.

BTR Crl.O.P.(MD) No.5968 of 2021 and Crl.M.P(MD)No.3432 of 2021 05.04.2023