Madras High CourtCRL OP(MD)/20520/2021dismissed

Shanmugapriya v. The District Superintendent Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20520 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20520 of 2021 1.Shanmugapriya 2.Kumaresan 3.Vairamuthu Balaji 4.Madhumitha 5.Lakshana ... Petitioners /Accused Vs 1.The District Superintendent of Police, O/o.District Superintendent of Police, Virudhunnagar District.

2.The Sub Inspector of Police, Town Police Station, Sattur, Virudhunagar District.

(Crime No.597/2020) 3.Ramasamy ... Respondents/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the case in Cr.No.597 of 2020 dated 08.12.2020 on the file of the second respondent ie., the Sub Inspector of Police, Sattur Police Station, Virudhunagar District and quash the same and all further proceedings. For Petitioners : Mr.M.Ganesan For R1 & R2 : Mr.E.Antony Shaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Cr.No.597 of 2020 registered on the file of the Sattur Town Police Station for the offences under Sections 147, 294(b), 323, 324 & 506(2) of IPC r/w 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20520 of 2021

3. I am not persuaded by the same. As rightly pointed out by the learned Additional Public Prosecutor, consideration of the said contention would definitely involve undertaking a factual probe and analysis. Under Section 482 of Cr.P.C., I cannot do so. Leaving open the petitioners' defences and contentions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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 District Superintendent of Police, O/o.District Superintendent of Police, Virudhunnagar District.

2.The Sub Inspector of Police, Town Police Station, Sattur, Virudhunagar District.

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

+1 CC to M/s.M.GANESAN, Advocate ( SR-40086[F] dated 23/12/2021 ) Crl.O.P(MD)No.20520 of 2021 22.12.2021 TSK(CO) KB(07.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2