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2023 DAILYLAW 5592 (MAD)

Veeramani v. The Inspector of Police

CRL OP(MD)/4038/2023 · 2026-07-27

K Rajasekar

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.OP(MD).No.4038 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.07.2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP(MD).No.4038 of 2023 and CRL.MP(MD).No.3616 of 2023 1.Veeramani 2.Jegadeeswari 3.Kathirselvam ... Petitioners / A1 to A3 Versus 1.The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District. (Crime No.4 of 2017) ... Respondent No.1 / Complainant 2.Chitradevi ... Respondent No.2/Defacto Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records and to quash the C.C.No.89 of 2017 on the file of the learned Judicial Magistrate, Musiri in so far as the petitioners are concerned. For Petitioners : Mr.Dhilipan Pandian For R1 : Mr.T.Lenin Kumar, Counsel for State of TN (Criminal Side) 1/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4038 of 2023 For R2 : Mr.K.K.Senthil ORDER : The Court made the following order :- This Criminal Original Petition has been filed seeking to quash the proceedings in C.C. No.89 of 2017 on the file of the learned Judicial Magistrate, Musiri, on the ground that no offence is made out against the petitioners and that the statements recorded during the course of investigation do not implicate them. 2. I have carefully considered the submissions made on either side and perused the materials available on record. Admittedly, the petitioners have been arrayed as A1 to A3. The first petitioner is the husband of the defacto complainant, while the second and third petitioners are in-laws. The materials collected during the course of investigation, including the statement of the victim, contain allegations against the petitioners. 3. The learned Counsel for State (Criminal Side) submitted that, after the case was taken on file, charges have been framed and the trial has commenced. It was further submitted that the evidence of P.W.1 has already been recorded and the case is now pending for the examination of 2/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4038 of 2023 the remaining prosecution witnesses. 4. In such circumstances, this Court is of the view that it would not be appropriate to undertake a fresh appreciation of the statements recorded under Section 161 Cr.P.C. or the other materials collected during the course of investigation. Once the trial has commenced and the evidence of P.W.1 has already been recorded, the correctness or otherwise of the prosecution case has to be decided on the basis of the evidence adduced before the Trial Court and not by reappreciating the materials collected during investigation in a petition under Section 482 Cr.P.C. 5. In view of the above, this Criminal Original Petition is devoid of merits and is accordingly dismissed as infructuous. Consequently, the connected miscellaneous petition, if any, is closed. 27.07.2026 pal 3/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4038 of 2023 To 1.The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4038 of 2023 K.RAJASEKAR ,J. pal ORDER IN CRL.OP(MD).No.4038 of 2023 Date : 27.07.2026 5/5 https://www.mhc.tn.gov.in/judis