Dr. S. Brathibha (F/43) vs The State Represented By on 16 July, 2020

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Madras High Court

Dr. S. Brathibha (F/43) vs The State Represented By on 16 July, 2020

Bench: G. K. Ilanthiraiyan

                                                                               Crl.O.P.No.8781 of 2018


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED     16.07.2020

                                                         CORAM

                            THE HONOURABLE Mr.JUSTICE G. K. ILANTHIRAIYAN

                                                Crl.O.P.No.8781 of 2018

                      Dr. S. Brathibha (F/43),
                      D/o. Dr. N. Sethuraman and
                      W/o. B. Mariappa Sairam,
                      No.20, 2nd Vinagar Kovil Street,
                      K. K. Nagar,
                      Madurai – 20.                                           ... Petitioner
                                                           Vs

                      1. The State Represented by,
                         The Inspector of Police,
                         J-1, Saidapet Police Station,
                         Chennai.
                         (Crime No.1815 of 2015)

                      2. Dr. N. Sethuraman,
                         S/o. Nallaiya Servai,
                         148, Millennium Apartment,
                         North Usman Road,
                         T. Nagar, Chennai - 17.                          ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                      praying to call for the entire records connected with the charge sheet in
                      C.C.No.7636 of 2017 (Split up from C.C.No.4228 of 2015) pending on the
                      file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and to

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                                                                                 Crl.O.P.No.8781 of 2018


                      quash the same.

                                          For Petitioner     : Mr. K. Thilageswaran

                                          For R-1            : Mr. K. Prabakar,
                                                               Additional Public Prosecutor
                                          For R-2            : Abdul Wahab

                                                           ORDER

This petition has been filed to quash the proceedings in C.C.No.7636 of 2017 (Split up from C.C.No.4228 of 2015) on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai thereby taken cognizance for the offence under Section 174 A of IPC in Crime No.1815 of 2015, as against the petitioner.

2. The learned Additional Public Prosecutor submitted that the petitioner is already declared as proclaimed offender because of her non-

appearance before the trial Court in C.C.No.7636 of 2017. He would further submit that Non Bailable Warrant was also issued as against the petitioner and hence it is still pending.

3. Considering the facts and circumstances of the case and also Non 2/4 http://www.judis.nic.in Crl.O.P.No.8781 of 2018 Bailable Warrant is also pending as against the petitioner, the petitioner is not entitled for any relief before this Court. Therefore, this Court is not inclined to entertain this petition.

4. Accordingly, this Criminal Original Petition is dismissed.

16.07.2020 Internet:Yes Index:Yes/no SSI To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, J-1, Saidapet Police Station, Chennai.

3. The Additional Public Prosecutor, Madras High Court, Madras.

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http://www.judis.nic.in Crl.O.P.No.8781 of 2018 G. K. ILANTHIRAIYAN. J, SSI Crl.O.P.No.8781 of 2018 16.07.2020 4/4 http://www.judis.nic.in

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