Dismissed

Selvakumar v. the Inspector of Police

Madras HC5 Feb 2024CRL OP/7766/2022

Case brief

AI extract

What is this about?

The Single Judge dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking to quash a charge sheet in a 498(A) case, ruling that the trial was at part-heard stage with 17 out of 18 witnesses examined justifying continuation of proceedings. Liberty was granted to raise defenses before the trial court.

What did the court decide?

Petition dismissed; liberty granted to work out remedy before trial court; connected Crl.M.Ps. closed.

Selvakumar Vs the Inspector of Police — Writ and Judicial Review | Madras HC (2024)

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Crl.O.P.No.7766 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.02.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.7766 of 2022

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and

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Crl.M.P.Nos.4490 & 4491 of 2022

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Selvakumar

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Panneerselvam

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Murali

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... Petitioners

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Versus

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The Inspector of Police, All Women Police Station, Dharmapuri, Dharmapuri Dt. (Crime No.12 of 2019)

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D.Ahilnangai ... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the

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Code of Criminal Procedure, to call for the records relating to C.C.No.33 of 2021 on the file of the learned Addl. Mahila Court, Dharmapuri, quash

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the same by allowing this Criminal Original Petition.

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7766 of 2022

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For Petitioners : Mr.N.Desinghu For Respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1

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Ms.K.Chandra, for Ms.C.Uma for R2

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ORDER

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This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 33 of 2021 on the file of learned Addl. Mahila

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Court, Dharmapuri.

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Heard both sides.

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The petitioners are ranked as A1 to A4 in the F.I.R. in Crime

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No.12 of 2019 registered for the offence under Sec.498(A), 406 and 506(1) of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in C.C.No.33 of 2021 on the file of learned Addl. Mahila Court, Dharmapuri, and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet.

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Today, when the matter taken up for hearing, the learned Government Advocate (Criminal side) appearing for 1^st respondent would

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7766 of 2022

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submit that so far, out of 18 witnesses, 17 witnesses were examined and the trial is at part-heard stage. Hence, he prayed to dismiss this petition.

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On considering the submissions of learned Government Advocate stating that as on date, 17 witnesses were examined out of 18 witnesses and the trial is at part-heard stage, this Court is inclined to dismiss this petition. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioners to work out their remedy and raise all their defence before the trial court. Consequently, connected Criminal Miscellaneous Petitions are closed.

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05.02.2024

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Index: Yes/No Internet: Yes/No rpp

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The Inspector of Police, All Women Police Station, Dharmapuri, Dharmapuri Dt.

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The Public Prosecutor, High Court, Madras.

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Page No.3 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7766 of 2022

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T.V.THAMILSELVI, J.

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rpp

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CRL.O.P.No.7766 of 2022

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05.02.2024

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Page No.4 of 4

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https://www.mhc.tn.gov.in/judis

Selvakumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Selvakumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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