Madras High CourtCRL OP(MD)/19085/2021dismissed

Merlin Jebaraj v. The Inspector Of Police

2021-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19085 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19085 of 2021 and Crl.M.P.(MD)No.10599 of 2021 1.Merlin Jebaraj 2.Sounther Raj 3.Jest Bai ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State of Tamil Nadu Rep. by Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

(Crime No.27 of 2020) ...1st Respondent/Complainant 2.R.Jasmine Shini ...2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.27 of 2020 on the file of the 1st respondent dated 21.07.2020 and quash the same.

For Petitioners : Mr.C.K.M.Appaji For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

Mr.Shaji Chellan for R2.

O R D E R

This criminal original petition has been filed to quash the FIR in Crime No.27 of 2020 registered on the file of the first respondent for the offences under Sections 498(A), 406, 352 and 506(1) of IPC.

2.Though the learned counsel for the petitioners reiterated all the contentions set out in the memorandum of grounds for quashing of the FIR, still in the very nature of things, it is not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19085 of 2021 possible for this Court to exercise its jurisdiction under Section 482 of CrPC. It is because contentious facts are involved. 3.Leaving open the petitioners' rights and defences, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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:

The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

+1 CC to M/s.L.SHAJI CHELLAN, Advocate ( SR-37253[F] dated 03/12/2021 ) Crl.O.P(MD)No.19085 of 2021 03.12.2021 RK(20/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2