Madras High CourtCRL OP(MD)/16318/2018dismissed

Selvakumar v. The Inspector Of Police

2018-09-12Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.16318 of 2018 and Crl.M.P.(MD)No.7237 of 2018 Selvakumar

...Petitioner

Vs.

1.State represented by Inspector of Police, All Women Police Station, Geeyapuram, Trichy District.

... 1st Respondent/Complainant 2.Bharani @ Vijayalakshmi ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records in connection with the Summon No. Not Known of 2018 on the file of Inspector of Police, All Women Police Station, Geeyapuram, Trichy District and quash the same. For Petitioners :Mr.B.Prabhu Sudha For R-1 :Mr.M.Chandra Sekaran Additional Public Prosecutor

O R D E R

This petition has been filed to quash the summon issued by the first respondent under Section 160 of Cr.P.C. 2.The learned counsel for the petitioner would submit that a false case has been given against the petitioner by the second respondent and the first respondent ought not to have issued a summon under Section 160 of Cr.P.C.

3.This Court does not find any merit in this petition. If the petitioner has anything to say on the complaint given by the second respondent, he has to appear before the first respondent and give his explanation. The petitioner does not have a right to challenge the summon issued by the first respondent. It is within the jurisdiction of the first respondent, to issue the summon under Section 160 of Cr.P.C., when the power is available, the petitioner cannot challenge the summon issued by the first respondent. There https://hcservices.ecourts.gov.in/hcservices/

are no merit in this petition. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Inspector of Police, All Women Police Station, Geeyapuram, Trichy District.

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

+1CC TO M/S.B.PRABHU SUDHA, ADVOCATE IN S.R.NO.84574. LS DS RSK SAR-4:24.09.2018: 2P/4C Crl.O.P.(MD).No.16318 of 2018 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/