Madras High CourtCRL RC(MD)/979/2021dismissed

Haja Mohaideen v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.979 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.979 of 2021 and Crl.M.P(MD)No.11980 of 2021

1. Haja Mohaideen

2. Benazir Banu ... Petitioners/ Accused Nos.4 & 5 Vs.

The State represented by The Inspector of Police, All Women Police Station, Tenkasi.

... Respondent/ Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed in the discharge petition in Cr.M.P No.2929 of 2021 in C.C No.356 of 2018 on the file of the learned Judicial Magistrate, Tenkasi, dated 26.10.2021 and to set aside the same. For Petitioners : Mr.A.Syed Abdul Kather For Respondent : Mr.M.Aasha Government Advocate (Criminal Side)

O R D E R

This criminal revision case has been filed challenging the order passed in the discharge petition in Cr.M.P No.2929 of 2021 in C.C.No.356 of 2018 on the file of the learned Judicial Magistrate, Tenkasi, dated 26.10.2021, and thereby dismissing the petition filed by the petitioner for discharge.

2. The learned counsel for the petitioner submitted that there are totally five accused. In the complaint lodged by the defacto complaint, the petitioners are arrayed as A.4 and A.5. They were charged for the offences under Sections 147, 294 (b), 498(A) and 506 (ii) and Section 4 Tamil Nadu Provision of Harassment of Women Act. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.979 of 2021

3. On perusal of the statements recorded under Section 161 Cr.P.C of the defacto complainant and others, there are specific allegations made by the petitioners to make out a case for the said offences. Therefore, the Court below rightly dismissed the petition for discharge and there is no infirmity or illegality in the order passed by the Court below.

4. Considering the above, this Criminal Revision Case is dismissed. The trial Court is directed to dispose of C.C.No.356 of 2018 within a period of six months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To:-

1. The Judicial Magistrate, Tenkasi

2. The Inspector of Police, All Women Police Station, Tenkasi.

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

Crl.R.C.(MD)No.979 of 2021 and Crl.M.P(MD)No.11980 of 2021 23.02.2022 RK(21/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2