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S.Baradhan vs State By on 13 June, 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2018
CORAM
THE HON’BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P. No.7314 of 2018
and
Cr.M.P.No.3764 of 2018

S.Baradhan …Petitioner/defacto complainant

in
1.M.Prakash
2.M.Mani Naidu
3.Nagammal ..Accused
vs.
State by,
Inspector of Police,
Chengalpattu Town Police Station.
Crime No.823/2012 …Respondent/Complainant

Criminal Original Petition filed under Section 482, Cr.P.C. Call for the records in S.C.No.148/2015 on the file of learned Sessions Judge (Mahila Court), Chengalpattu and to direct the respondent/complaint to conduct further investigation in Crime No.823/2012 for an offence punishable under Sections 306 and 498A I.P.C.
For petitioner : M/s.P.Meenakshi
For Respondent : M/s.P.Kritika Kamal
Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner seeking to Call for the records in S.C.No.148/2015 on the file of learned Sessions Judge (Mahila Court), Chengalpattu and to direct the respondent/complaint to conduct further investigation in Crime No.823/2012 for an offence punishable under Sections 306 and 498A I.P.C.
P.N.PRAKASH. J.,
dss/srk

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3.In the light of the recent judgment of the Hon’ble Supreme Court in the case of Amruthbai Shambhubhai Patel Vs Sumanbhai Kantibhai Patel Ors, in Crl.Appeal No.1171 of 2016 (SLP (Criminal) No.3338 of 2015) wherein the Hon’ble Supreme Court has held that after the charge sheet is filed and cognizance taken, the de-facto complainant cannot seek for further investigation of the offence.

4. In the light of the law laid down in the decision, cited supra, the Criminal Original Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.
13.06.2018
Internet : Yes / No
Index : Yes / No
Speaking / Non-speaking order
dss/srk
To

1. The Sessions Court,
(Mahila Court), Chengalpattu.

2. The Inspector of Police,
Chengalpattu Town Police Station.

3. The Public Prosecutor,
High Court, Madras.

Crl.O.P. No.7314 of 2018

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