LAWS(MAD)-2020-9-833

SUMATHI Vs. STATE

Decided On September 28, 2020
SUMATHI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in connection with C.C.No.1404 of 2019, on the file of the Additional Mahila Court, Madurai, Madurai District, in relation to Crime No.758 of 2019, on the file of the Sub-Inspector of Police, Koodalpudur Police Station, Koodalpudur, Madurai District.

(2.) Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the first respondent Police.

(3.) The learned counsel appearing for the petitioners would submit that the final report, which was filed against the petitioners, does not disclose any material ingredients with regard to the offences as alleged against the petitioners. The case of the prosecution is that, the first accused alone is said to have beaten the husband of the second respondent/de-facto complainant and the second accused is also said to have threatened the second respondent/de-facto complainant. Insofar as the petitioners are concerned, there was no specific overt act attributed against them. Further, with a view to grab the property owned by the petitioners, the second respondent/de-facto complainant at the instance of the first respondent Police and their henchmen attempted to take over the possession of the lands contrary to the settled principles. Resultantly, a false case has been foisted against the petitioners and therefore, the charge sheet filed against the petitioners is liable to be quashed.