Kumar Vs The State rep. by

Kumar vs The State rep. by

Type Court Judgment Court Chennai Orders Decided Jun 30, 2025

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Citation: sooperkanoon.com/1851378
Court: Chennai Orders High Court
Judge: Honourable Mr Justice P. Velmurugan
Decided On: Jun 30, 2025
Case Number: CRL OP/12121/2025

Parties & Advocates

Appellant / Petitioner

Kumar

Respondent

The State rep. by

Excerpt

in the high court of judicature at madrasdated: 30.06.2025coram:the honourable mr.justice p.velmurugan and crl.m.p.no.8074 of 2025 --- kumar, s/o boopathi .. petitioner vs.1. the state rep. by the inspector of police,2. premjothi, w/o manimaran .. respondentscriminal original petition filed under section 528 of the bnss to call for the entire records relating to the criminal case in s.c.no.110 of 2019 on the file of the principal district and sessions court, vellore and quash the same. for petitioner : m/s.p.lavanya and a.sivapandi for respondents: dr.c.e.pratap, govt. advocate (criminal side) for r-1 no appearance for r-2 page no.1/4orderthis petition is filed to call for the entire records relating to the criminal case in s.c.no.110 of 2019 on the file of the principal district and sessions court, vellore and quash the same.2. on a reading of the fir, charge-sheet and the statements recordedfrom the witnesses, i.e de-facto complainant and the recovery mahazar witness and the medical witness, prima-facie materials are available to proceed the case further as against the petitioner and the grounds taken by the petitioner are not sufficient to quash the case.3. therefore, this petition is dismissed, with liberty to the petitioner to take all his defences during the course of trial before the trial court.4. with the above observations, this petition is dismissed. the miscellaneous petition is closed. cs page no.2/4 to1. the inspector of police,2. the public prosecutor, high court, madras.3. principal district and sessions judge, vellore. page no.3/4 p.velmurugan, j cs page no.4/4

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.06.2025
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.8074 of 2025 --- Kumar, S/o Boopathi .. Petitioner Vs.
1. The State rep. by the Inspector of Police,
2. Premjothi, W/o Manimaran .. Respondents
Criminal Original Petition filed under Section 528 of the BNSS to call for the entire records relating to the criminal case in S.C.No.110 of 2019 on the file of the Principal District and Sessions Court, Vellore and quash the same. For petitioner : M/s.P.Lavanya and A.Sivapandi For respondents: Dr.C.E.Pratap, Govt. Advocate (Criminal Side) for R-1 No appearance for R-2 Page No.1/4

ORDER

This petition is filed to call for the entire records relating to the criminal case in S.C.No.110 of 2019 on the file of the Principal District and Sessions Court, Vellore and quash the same.

2. On a reading of the FIR, charge-sheet and the statements recorded

from the witnesses, i.e de-facto complainant and the recovery mahazar witness and the medical witness, prima-facie materials are available to proceed the case further as against the petitioner and the grounds taken by the petitioner are not sufficient to quash the case.

3. Therefore, this petition is dismissed, with liberty to the petitioner to take all his defences during the course of trial before the trial Court.

4. With the above observations, this petition is dismissed. The miscellaneous petition is closed. cs Page No.2/4 To

1. The Inspector of Police,

2. The Public Prosecutor, High Court, Madras.

3. Principal District and Sessions Judge, Vellore. Page No.3/4 P.VELMURUGAN, J cs Page No.4/4

Same Court & Year Chennai Orders · 2025 Same Parties Kumar vs The State rep. by Same Judge Honourable Mr Justice P. Velmurugan