Madras High CourtCRL OP(MD)/17969/2021allowed

Lakshmanan v. The Inspector Of Police

2021-11-23Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.17969 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17969 of 2021

1. Lakshmanan

2. Boominathan @ Boomiraj ... Petitioners / Accused 1 & 2 Vs.

1. The State rep. By, The Inspector of Police, Bazar police station, Ramanathapuram District.

(Crime No.167 of 2017) ... 1st Respondent / Complainant

2. Ramyapriya ... 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.336 of 2019 on the file of the Judicial Magistrate, Additional Mahila Court, Ramanathapuram and quash the same as illegal.

For Petitioners : Mr.C.Senthil Murugan For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.R.Shenbagaraj

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.336 of 2019 on the file of the Judicial Magistrate, Additional Mahila Court, Ramanathapuram.

3. The defacto complainant Ramyapriya is present in person before this Court. She has been duly identified by Ms.Vasuki, Head Constable, attached to Bazaar police station. The defacto complainant does not have any objection to quash the impugned prosecution.

4. Since the defacto complainant herself does not want to https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.17969 OF 2021 pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // 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, Additional Mahila Court, Ramanathapuram.

2. The Inspector of Police, Bazaar police station, Ramanathapuram District.

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

+1 CC to M/s.C. SENTHIL MURUGAN, Advocate ( SR-35556[F] dated 23/11/2021 ) Crl.O.P.(MD)No.17969 of 2021 23.11.2021 KM(CO) KB(30.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2