Madras High CourtCRL OP(MD)/19120/2021dismissed

N.Rajesh v. The Inspector Of Police

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

Crl.O.P(MD)No.19120 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.19120 of 2021 and Crl.M.P.(MD)No.10626 of 2021 N.Rajesh ... Petitioner Vs.

1.The Inspector of Police, Sellur Police Station, Madurai.

(Crime No.534 of 2021) 2.Sivagami ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.534 of 2021 on the file of the 1st respondent police, insofar as petitioner/Accused No.4 is concerned and quash the same.

For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the FIR in Crime No.534 of 2021 registered on the file of the first respondent for the offences under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

2.The learned counsel for the petitioner reiterated all the contentions set out in the memorandum of grounds. I went through the contents of the FIR. It is seen therefrom that the petitioner has been specifically named in the FIR. The defacto complainant is a woman. She had alleged that the accused had threatened her to withdraw the complaint filed by her under Section 138 of the Negotiable Instruments Act and also pulled her hands and publicly humiliated her. The defacto complainant had also stated that unable to withstand the humiliation, she consumed some pesticide. There are specific allegations against the petitioner. The correctness of the said allegations cannot be gone into while exercising jurisdiction under Section 482 of CrPC. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19120 of 2021 3.Leaving open the petitioner's contentions and defences, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // 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:

1.The Inspector of Police, Sellur Police Station, Madurai.

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

Crl.O.P(MD)No.19120 of 2021 03.12.2021 SAR(CO) SB(17.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2