Sara Bai v. The Sub Inspector Of Police

Crl.O.P(MD).No. 13654 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 13654 of 2019 and Crl.M.P.(MD) No. 8318 & 8319 of 2019

1. Sara Bai

2. Ponnaiyan ... Petitioners/Accused Nos.1 and 2 Vs.

1.The Sub-Inspector of Police, Pudukadai Police Station, Kanyakumari District.

...1st Respondent/Complainant

2. Pushphadhas ... 2nd Respondent/Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in S.T.C. No.228 of 2017 pending on the file of the Judicial Magistrate No.II, Kuzhithurai and quash the same. For Petitioner : Mr.K.P. Narayanakumar For Respondent : Mr.K.Suyambulinga Bharathi No.1 Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.T.C. No.228 of 2017 pending on the file of the Judicial Magistrate No.II, Kuzhithurai.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that based on a complaint lodged by the second respondent, the first respondent police has registered a case in Crime No. 365 of 2016 for the offences under Sections 147, 447 & 427 of I.P.C. After completion of enquiry the first respondent police has filed final report charging the petitioners for the offences under Sections 447, 427 of I.P.C in the year 2016 itself the same has been taken cognizance in S.T.C. No.228 of 2017 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. Thereafter, summon was issued to the petitioners and on receipt of the same. Petitioners did not appear before the trial Court. Therefore, the trial Court has issued NBW as against the petitioners and still now NBW is pending as against the petitioners.

3. In view of the above submission, in such circumstances, now the petitioners sought for quashing of entire proceedings while NBW is pending as against the petitioners. Hence, the petitioners https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No. 13654 of 2019 did not approach this Court with clean hands and therefore, the Criminal Original Petition is liable to be dismissed.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) ksa To 1.The Judicial Magistrate No II, Kuzhithurai.

2. The Sub-Inspector of Police, Pudukadai Police Station, Kanyakumari District.

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

+1 cc Mr.K.P.NARAYANA KUMAR ,Advocate, SR.No.89899 Crl.O.P(MD)No. 13654 of 2019 26.09.2019 KK/SAR/18.10.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2