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2024 Supreme(Online)(MAD) 41171

HIGH COURT OF MADRAS
HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Murugan @ Murugaperumal – Appellant
Versus
The Inspector of Police – Respondent


ORDER

This Criminal Original Petition has been filed, invoking Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call for the records in C.C.No.96 of 2024, on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, and quash the same as illegal, improper and abuse of process of law.

2. The case of the prosecution is that on 21.02.2024 at about

05.30p.m., the defacto complainant was staying in her house, the 1st petitioner came into the house and assaulted her. Thereafter, all the petitioners assaulted the defacto complainant and her husband with hand. Based on the complaint given by the defacto complaint/R2, the said case has been registered against the accused persons.

3. The learned counsel appearing for the petitioners would submit that the second respondent lodged a complaint before the first respondent and F.I.R. registered in Crime No.367 of 2021, after investigation, final report filed, the same taken cognizance in C.C.No.96 of 2024, on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, for the offences under Sections 447, 294(b),341, 323, 506(1) IPC and Section 4 of Tamil Nadu Prohibition of Haras

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