Madras High CourtCRL OP(MD)/13448/2017allowed

Xavier Irudhaya Kanagaraj, v. The Inspector Of Police,

2021-06-21Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.13448 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13448 of 2017 and Crl.MP(MD)Nos.9051 of 2017 1.Xavier Irudhaya Kanagaraj 2.Annaloorthu Mary ... Petitionera/Accused Nos.2 & 3 Vs.

1.State through its The Inspector of Police, All women Police Station, Tenkasi District.

(Crime No.5/2016) ... 1st Respondent/Complainant 2.Ithaya Stefy ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Criminal Procedure Code, to call for the records relating to the proceedings in C.C.No.30 of 2017 on the file of learned Judicial Magistrate, Tenkasi and to quash the same as illegal in so far as the petitioners concern.

For Petitioners : No Appearance For R1 : Mr.R.Anandha Raj Additional Public Prosecutor For R2 : Mr.A.Sivasubramanian

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.30 of 2017 on the file of learned Judicial Magistrate, Tenkasi.

2.The learned counsel for the second respondent has made a submission with regard to the role of Social Welfare Department in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13448 of 2017 connection with the matrimonial matters.

3.When the respondent was heard on 23.02.2021, the matter was listed today under the caption either 'for dismissal' or 'for argument'. But, even today, there is no representation on behalf of the petitioner.

4.Hence, this Criminal Original Petition is dismissed for nonprosecution. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 Judicial Magistrate, Tenkasi.

2. The Inspector of Police, All women Police Station, Tenkasi District.

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

Crl.O.P.(MD)No.13448 of 2017 and Crl.MP(MD)Nos.9051 of 2017 26.02.2021 ES(CO) KK(12.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2