Madras High CourtCRL OP(MD)/22727/2016dismissed

J.Amarnath Gopikannan, v. The Sub Inspector Of Police,

2016-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.22727 of 2016 and Crl.M.P(MD)Nos.11899 & 11900 of 2016 1.J.Amarnath Gopikannan 2.Keerthika 3.Tesla ... Petitioners/Accused Nos.1 to 3 -Vs1.The State, Rep. By the Sub-Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

(Crime No.868 of 2014).

... 1st Respondent/Complainant 2.Santhanavel ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the impugned charge-sheet in C.C.No.214 of 2014 on the file of the learned Judicial Magistrate No.II, Kovilpatti and quash the same.

For Petitioners : Mr.G.Thalaimutharasu For R - 1 : Mr.K.Anbarasan Government Advocate (Criminal Side)

ORDER

This petition is filed seeking to quash the proceedings in C.C.No.214 of 2014 on the file of the learned Judicial Magistrate No.II, Kovilpatti.

2.Based on the complaint of the second respondent, a case has been registered against the petitioners in Crime No.868 of 2014 for the offences punishable under Sections 448, 294(b), 323 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Woman Harassment Act and after investigation, the respondent Police filed a final report, which was taken on file in C.C.No.214 of 2014 on the file of the learned Judicial Magistrate No.II, Kovilpatti.

3.The case of the prosecution is that the first petitioner purchased a car from the second respondent. Since the first petitioner did not pay the amount, the second respondent demanded the same. Due to that dispute, the petitioners trespassed into the https://hcservices.ecourts.gov.in/hcservices/

second respondent's house and scolded her and her husband and attacked them.

4.Heard the learned Government Advocate (Criminal Side) appearing for the first respondent.

5.Perusal of the case would show that there are prima facie materials against these petitioners. Hence, this Court is not inclined to quash the charge-sheet. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are also closed. However, the personal appearance of the petitioners in C.C.No.214 of 2014 on the file of the learned Judicial Magistrate No.II, Kovilpatti, is dispensed with and they are directed to appear before the trial Court, when their presence is required by the learned Judicial Magistrate No.II, Kovilpatti.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Kovilpatti.

2.The Sub-Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

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

Crl.O.P.(MD)No.22727 of 2016 01.12.2016 ps rum/sks-rr/29.12.2016/2p/4c https://hcservices.ecourts.gov.in/hcservices/