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Madras High CourtCRL MP(MD)/13458/2024ordered

A.Arockia Praveen v. The State Of Tamil Nadu

2024-12-11Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR CRL MP(MD) Nos.13458 of 2024 in 1 A.AROCKIA PRAVEEN 2 S.AROCKIASAMY ... PETITIONERS/ACCUSED Vs 1 THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT.

CRIME NO.04/2023.

... 1st RESPONDENT/COMPLAINANT 2 ANUPRIYA ... 2nd RESPONDENT/DEFACTO COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Stay all further proceedings in FIR Crime No. 4 of 2023 dt. 31.01.2023 on the file of the res. police, Trichy District, officers U/s 498(b), 323, 294(b), 506(i) of IPC till the disposal of the instant Criminal Original Petition.

PRAYER in CRL OP(MD)No.21719 of 2024:

To call for the records pertaining to the FIR in Crime No. 4 of 2023 dt. 31.01.2023 on the file of the resp. police, Trichy District, offences U/s.498(b), 323, 294(b), 506(i) of IPC and Quash the same in so for as the petitioners are concerned. 1/4

ORDER : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.BHUVANESHVARI, Advocate for M/S.GANESAN LEGIST LAW FIRM, Advocate for the petitioner and of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the 1st Respondent, while admitting the Criminal Original Petition, the Court made the following order:- Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor takes notice for the first respondent.

2.Notice to the second respondent through Court as well as privately returnable by 27.01.2025.

3.The learned Additional Public Prosecutor submits that the investigation in this case has been completed and charge sheet has been filed before the Additional Mahila Court, Trichy.

4.However, considering the facts and circumstances of the case and also considering the fact that mere filing of charge sheet would not deny the right of a person to challenge FIR, when the foundational facts are demolished, there shall be an order of interim stay of all further proceedings in C.C.No.1409 of 2023 before the 2/4

Additional Mahila Court, Trichy.

5.The personal appearance of the petitioner before the Additional Mahila Court, Trichy is dispensed with.

6.List this matter on 27.01.2025.

sd/- 11/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TA TO THE ADDITIONAL MAHILA JUDGE, TRICHY.

THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL MP(MD) Nos.13458 of 2024 in Date :11/12/2024 RK/GSV(03/01/2025) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4