Madras High CourtCRL OP(MD)/19838/2021dismissed

Muniyasamy v. The Inspector Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO. 19838 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19838 of 2021 and CRL.M.P.(MD)No.11160 of 2021

1. Muniyasamy

2. Vellaiammal

3. Gomathy ... Petitioners / Accused Nos.2 to 5 Vs.

1. The State rep. By, All Women police station, Sivagangai District.

(Crime No.32 of 2021) ... Respondent No.1

2. S.P.Soundarya ... Respondent No.2 / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in Crime No.32 of 2021 on the file of All Women police station, Sivagangai District and quash the same.

For Petitioners : Mr.R.Senthil Kumar For R-1 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash the impugned First Information Report.

3. The petitioners are figuring as accused for the offences under Sections 498(A), 313, 315, 494, 167, 218, 465, 466, 468, 471 and 109 of I.P.C.

4. The learned counsel appearing for the petitioners reiterated all the contentions set out in the memorandum of grounds. I am not persuaded by the same. As rightly pointed out by the learned Additional Public Prosecutor appearing for the first respondent, consideration of the said contentions would necessarily involve undertaking a factual analysis and probe. Exercising jurisdiction under Section 482 of Cr.P.C., I cannot do so. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO. 19838 OF 2021

5. Leaving open all the contentions and the defences of the petitioners, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) // 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 Officers Incharge All Women police station, Sivagangai District.

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

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-38990[F] dated 16/12/2021 ) Crl.O.P.(MD)No.19838 of 2021 14.12.2021 SAR(CO) KB(24.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2