PARTHASARATHY Vs. RUKMANI AND ORS.

JUDGEMENT

(1.) This petition has been filed, seeking to call for the records culminating in proceeding in P.R.C. No. 15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai and quash the same.

(2.) The case of the petitioner is that he is aged 76 years now and he has been falsely implicated in a case in P.R.C. No. 15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai for the incident said to have taken place on 02.04.2009. The 1st respondent herein made a complaint to the Police, alleging that she was raped by the petitioner herein and that Police investigated into the matter and after examination, closed the complaint. During investigation, there is a statement given by the mother of the victim, which was construed as hearsay and the same has not been accepted by the investigating officer.

(3.) It is seen that the 1st respondent has already filed a private complaint prior to the order passed by the Judicial Magistrate, Pudukottai. The Magistrate, after recording the statement and referring to a decision of this Court in the case of T.N.P. Muthoo Natarajan Trustee & Treasurer Tirupur Education Foundation v/s. P.V. Ravi and others, reported in , issued summons to the petitioner herein, which has been questioned by the petitioner.