Madras High CourtCRL MP(MD)/6655/2020disposed of

Chitradevi v. The Inspector Of Police

2020-12-09Honourable Mrs Justice R. Hemalatha2 pages

CRL MP(MD) No.6655 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.HEMALATHA CRL MP(MD) No.6655 of 2020 IN CRL OP(MD) No.14300 of 2020 CHITRADEVI ... PETITIONER/2nd ACCUSED Vs 1 STATE REPRESENTED BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CRIME NO.23/2011, KARUR DISTRICT. ...RESPONDENT/COMPLAINANT 2 K.NAGARAJAN ... RESPONDENT/DEFACTO COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to stay the further proceedings of the case in C.C.No.235 of 2015 on the file of the Judicial Magistrate No.I, Karur pending disposal of the Crl.O.P.

Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.SURESH, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate(Crl.Side) on behalf of the 1st Respondent, the Court made the following order:- Mr.K.Suresh, learned counsel for the petitioner drew the attention of this Court to the final report filed in CC.No.235 of 2015 on the file of the learned Judicial Magistrate No.1, Karur, wherein, no specific averments were made against the petitioner with regard to the offences punishable under Sections 403, 468, 471, 477 (A) and 420 Indian Penal Code read with Section 34 of Indian Penal Code. He also drew the attention of this Court to the alteration report dated 27.02.2015, wherein the Inspector of Police, Land Grabbing Special Cell, Karur District has stated that there is no evidence that both the accused committed criminal conspiracy. However, he altered the sections to 120 (b), 403, 468, 471, 477(A) and 420 of Indian Penal Code.

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CRL MP(MD) No.6655 of 2020

2. The specific contention of Mr.K.Suresh, learned counsel appearing for the petitioner is that thought the Inspector of Police, Land Grabbing Special Cell, Karur District has come to a conclusion that there is no evidence against the present accused, he has altered the Sections to 120 (b), 403, 468, 471, 477(A) and 420 of Indian Penal Code and therefore prayed for quashment of the entire criminal proceedings against the present accused.

3. In the facts and circumstances, there shall be an order of interim stay of all further proceedings in CC.No.235 of 2015 on the file of the learned Judicial Magistrate No.I, Karur till 11.03.2021, as far as the present petitioner is concerned.

4. Call on 11.03.2021.

sd/- 03/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KARUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.6655 of 2020 IN CRL OP(MD) No.14300 of 2020 Date :03/02/2021 (2/2) MBI PK/JC/SAR-I/11.02.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2