Madras High CourtCRL OP(MD)/19413/2021dismissed

S.Damodharan v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19413 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19413 of 2021 and CRL.M.P.(MD)No.10842 of 2021 S.L.Damodharan ... Petitioner /1st Accused Vs.

1. The Inspector of Police, Theppakulam police station, Madurai.

(Crime No.498 of 2021)

2. R.Suseela ... Respondents / Complainants Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.498 of 2021 dated 09.10.2021 on the file of Theppakulam police station, Madurai City and quash the same as against the petitioner / 1st accused. For Petitioner : Mr.K.Manavalan For R-1 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R-2 : Mr.M.C.Senthil Murugan * * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

2. The petitioner is figuring as accused in Crime No.498 of 2021 registered on the file of Theppakulam police station for the offences under Sections 294(b), 323 and 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002.

3. According to the defacto complainant, she has suffered injuries at the hands of the accused. The petitioner would controvert the said allegation. Hence, consideration of the petitioner's allegations would involve undertaking a factual probe and analysis. Exercising jurisdiction under Section 482 of Cr.P.C., I cannot do so.

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Crl.O.P.(MD)No.19413 of 2021 and

4. Leaving open all the petitioner's contentions and defences, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 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 Inspector of Police, Theppakulam police station, Madurai.

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

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