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Judgments of Supreme Court of India and High Courts

Rajesh vs State Rep. By Its on 20 June, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

CRL.O.P.No.15761 of 2019
and
Crl.M.P.Nos.7883 7885 of 2019

Rajesh …Petitioner

Vs.

1. State rep. By its
The Inspector of Police,
All Women Police Station,
Ulundurpet,
Villupuram District
(Crime No.22 of 2018)

2.Jagadeeswari …Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records in C.C.No.75 of 2019 on the file of
the Judicial Magistrate – II, Ulunthurpet and quash the same.
For Petitioner : Mr.R.Sasikumar
For Respondent : No Appearance
ORDER

This Criminal Original Petition has been filed seeking to quash the

final report before the Court below by the respondent Police which has

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2

been taken cognizance by the Court below for the offence under Sections

498A, Section294b and Section352 IPC.

2.The petitioner is the husband and the defacto complainant is the

wife. Initially the complaint has been filed against the petitioner and his

parents and at the time of filing of the final report, the respondent Police

dropped the name of both the parents and the final report has been filed

only insofar as the petitioner is concerned.

3.The learned counsel for the petitioner raised several grounds which

are all in factual nature and it requires appreciation of evidence and this

Court cannot undertake the said exercise sitting in jurisdiction under

Section 482 of Cr.P.C., The Court below is directed to consider the issue

independently on its own merits and in accordance with law. This Court is

not inclined to interfere with the proceedings at this stage.

4.The learned counsel for the petitioner requested the presence of

the petitioner to be dispensed with before the Court below. Taking into

consideration the facts and circumstances of the case, the presence of the

petitioner is dispensed with. The petitioner shall be represented by a

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3

counsel. The petitioner shall be present before the Court below at the time

of questioning under Section 313 of Cr.P.C and at the time of passing of the

final judgment. The counsel representing the petitioner shall cross-examine

the witnesses on the same day when they are examined in-chief and the

petitioner shall not dispute the identity to any witness.

5. This Criminal Original Petition is disposed of with a direction

to the Court below to complete the proceedings in C.C.No.75 of 2019,

within a period of three months from the date of receipt of a copy of this

order. Consequently, connected miscellaneous petitions are closed.

20.06.2019

Speaking Order/Non-speaking Order
Index: Yes/No
Internet: Yes/No
kal

To

The Judicial Magistrate – II,
Ulunthurpet

http://www.judis.nic.in
4

N.ANAND VENKATESH.J.,

kal

CRL.O.P.No.15761 of 2019
and
Crl.M.P.Nos.7883 7885 of 2019

20.06.2019

http://www.judis.nic.in

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