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2019 Supreme(Mad) 649

G.K.ILANTHIRAIYAN
Uma Devi – Appellant
Versus
State of Tamil Nadu, Rep. by the Inspector of Police, Chennai – Respondent


Advocate Appeared:
For the Petitioners:Anantha Narayanan, B. Kumarasamy, K. Balu, Advocates.
For the Respondents:Mohammed Riyaz, M. Babu Muthu Meeran, Advocate.

JUDGMENT :

(Common Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C. praying to call for the records pertaining to C.C.No.8014 of 2018 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai and quash the same. (Prayer is amended vide order dated 24.01.2019 in Crl.M.P.No.972 of 2019 in Crl.O.P.No.27783 of 2018)

1. These petitions have been filed to quash the proceedings in C.C.No.8014 of 2018 on the file of the V Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences punishable under Sections 294(b), 342, 406, 506(ii) IPC r/w 75 & 77 of Juvenile Justice Act.

2. The learned Senior Counsel appearing for the petitioner in Crl.O.P.No.29665 of 2018 submitted that there is no material or evidence to substantiate the charge as alleged by the second respondent herein. The alleged occurrence said to have been taken place in the month of January, 2018 and the second respondent has chosen to lodge complaint after seven months i.e., in the month of August, 2018. The first respondent did not follow the procedure contemplated under Section 31 of the Juvenile Justice Act. Since the first respondent ought to have been recorded statement
























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