Madras High CourtCRL OP(MD)/13912/2021disposed of

Sankar v. The Inspector Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.13912 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13912 of 2021 and Crl.MP(MD)Nos.7229 & 7230 of 2021 Sankar ... Petitioner / Accused No.4 Vs.

1. The Inspector of Police, All Women police station, Musiri, Trichy District.

(Crime No.9 of 2019) ... 1st Respondent / Complainant

2. Revathi ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.105 of 2021 on the file of the Judicial Magistrate, Musiri and quash the same against the petitioner alone and as illegal. For Petitioner : Mr.K.Arunraj For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

The petitioner herein is figuring as fourth accused in C.C.No.105 of 2021 on the file of the Judicial Magistrate, Musiri.

2. The defacto complainant is the second respondent herein. It is a matrimonial complaint. The petitioner is neither the husband of the defacto complainant nor the relative. The petitioner is a friend of the first accused. Though the contentions urged by the learned counsel appearing for the petitioner are quite persuasive, if I am to consider the same, that would involve probing the facts of the case. While exercising the jurisdiction under Section 482 of Cr.P.C., I cannot do so.

3. Therefore, leaving open all the contentions and defences of the petitioner, I direct the learned trial Magistrate to conclude the trial on merits and in accordance with law and dispose it of https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.13912 OF 2021 within a period of four months from the date of receipt of a copy of this order.

4. This criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judicial Magistrate, Musiri, Trichi District.

2. The Inspector of Police, All Women police station, Musiri, Trichy District.

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

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-34173[F] dated 11/11/2021 ) Crl.O.P.(MD)No.13912 of 2021 10.11.2021 RD/PM (12.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4