Benishba v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl MP(MD)Nos.6682 and 6683 of 2025 Benishba ... Petitioner Vs.

1.The State of Tamil Nadu Rep by the Inspector of Police, VK.Puram Police Station, Vickramasingapuram - 627 425 Tirunelveli District.

2.K.Saravanakumar

...Respondent

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records connected with regard to CC No.410 of 2024 on the file of the Judicial Magistrate, Ambasamudram and quash the same so far as the petitioner is concerned. For Petitioner : Mr.S.Mohan Kumar For Respondent : Mr.AS.Abul Kalam Azad Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is A2 in CC.No.410 of 2024 pending on the file of the Judicial Magistrate, Ambasamudram. She has filed this petition to quash the said proceedings against her on the ground that on 18.06.2024 she was hospitalised due to termination of pregnancy and was discharged only on 24.06.2024 and she was bedridden. Therefore, it was not possible for her to involve in the alleged offence on 25.06.2024 at 12.30pm. However she has been implicated in this case. 2.The learned Government Advocate (Crl Side) Submits that the final report has been filed based on the statements of the eye witnesses. According to him the petitioner was also present along with other accused.

3.This court considered the rival submissions made. 4.This court is not inclined to entertain this petition on the grounds raised by the petitioner and accordingly, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all these grounds before 2/4

the trial Court, during trial. Consequently, connected miscellaneous petitions are closed. The personal appearance of the petitioner during the trial is dispensed with.

03.06.2025 DSK To 1.The Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, VK.Puram Police Station, Vickramasingapuram - 627 425 Tirunelveli District.

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

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B.PUGALENDHI,J DSK 03.06.2025 4/4