Yuvaraj vs The State Rep. By on 11 March, 2024

[Cites 5, Cited by 0]

Madras High Court

Yuvaraj vs The State Rep. By on 11 March, 2024

Bench: N.Anand Venkatesh

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 11.03.2024

                                                         CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 CRL.O.P No.5775 of 2024
                                               and CRL.M.P No.4210 of 2024

            Yuvaraj                                                                         ...Petitioner

                                                            Vs.

            1.The State Rep. by:
              The Inspector of Police,
              All Women Police Station, Namakkal,
              Namakkal District.
              (Crime No.01 of 2022)

            2.Santhiya                                                                    ...Respondents

            PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure
            Code, to call for the records pertaining to case in PRC No.26 of 2023 on the file of
            Additional Mahila Court, Namakkal and quash the same.

                                  For Petitioner    : Mr.M.Subash

                                  For Respondents : Mr.A.Damodaran
                                                    Additional Public Prosecutor for R1

                                                         ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 366, 376 and 354C of IPC and Section 67A of the Information Technology (Amendment) Act, 2009. https://www.mhc.tn.gov.in/judis 1/4

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC

335. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

11.03.2024 Index: Yes/No Speaking order/Non-speaking Order Neutral Citation: Yes/No ssr To

1.The Additional Mahila Court, Namakkal. https://www.mhc.tn.gov.in/judis 2/4

2.The Inspector of Police, All Women Police Station, Namakkal, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis 3/4 N.ANAND VENKATESH, J ssr CRL.O.P No.5775 of 2024 and CRL.M.P No.4210 of 2024 11.03.2024 https://www.mhc.tn.gov.in/judis 4/4

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