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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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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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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
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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