Ramesh vs The State Rep. By on 12 July, 2022

[Cites 7, Cited by 0]

Madras High Court

Ramesh vs The State Rep. By on 12 July, 2022

Bench: N.Sathish Kumar

                                                                                    Crl.O.P.No.15857 of 2022


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 12.07.2022

                                                         CORAM:

                              THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                Crl.O.P.No.15857 of 2022
                                           and Crl.M.P.Nos.8945 & 8947 of 2022

                  1.Ramesh
                  2.Loganayaki                                                            .. Petitioners

                                                           Versus

                  1.The State Rep. by
                  Deputy Superintendent of Police
                  Organized Crime Unit
                  Crime Branch CID
                  Salem City

                  2.The Joint Director
                  Director of Medical Education
                  Chennai                                                              .. Respondents


                  PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call

                  for the records relating to the impugned Charge Sheet in C.C.No.132 of 2017

                  on the file of the Hon'ble Judicial Magistrate-I, Dharmapuri and quash the

                  same as illegal insofar as the petitioners herein is concerned.


                                    For Petitioner          : Mr.R.Esakkiaraja

                                    For Respondents         : Mr.E.Raj Thilak for R1
                                                              Addtional Public Prosecutor
https://www.mhc.tn.gov.in/judis


                  Page No.1 of 4
                                                                                    Crl.O.P.No.15857 of 2022




                                                       ORDER

This Criminal Original Petition is filed challeging the Charge Sheet in C.C.No.132 of 2017, pending on the file of the learned Judicial Magistrate-I, Dharmapurai based on the FIR registered for the offences under Section 420, 465, 468, 471 and 197 of IPC r/w Section 19 of the Transplantation of Human Organs and Tissues Act, 1994 and consequently, quash the same as illegal insofar as the petitioners herein are concerned.

2. The learned counsel for the petitioners submitted that they are nowhere connected with the issue and they have been falsely implicated in the FIR, as the accused.

3. Heard both sides. On perusal of the final report, it would reveal that there is serious charge of illegal kidney racketting. This Court is of the view that the material unearthed by the prosecution has to be tested by the Trial Court. Hence, at this stage, the factual aspects and probative value statement cannot be looked into by this Court.

https://www.mhc.tn.gov.in/judis Page No.2 of 4 Crl.O.P.No.15857 of 2022

4. In view of the above, this criminal original petition stands dismissed.

No costs. Consequently, connected miscellaneous petitions are closed.

12.07.2022 Index : Yes / No dhk https://www.mhc.tn.gov.in/judis Page No.3 of 4 Crl.O.P.No.15857 of 2022 N. SATHISH KUMAR, J.

dhk To

1.The Deputy Superintendent of Police Organized Crime Unit Crime Branch CID Salem City

2.The Joint Director Director of Medical Education Chennai

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.15857 of 2022

12.07.2022 https://www.mhc.tn.gov.in/judis Page No.4 of 4

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