SHANKAR ALIAS PALANISAMY Vs. STATE

JUDGEMENT

(1.) THE Petitioner, who is facing charges by the Respondent Police for the offences under Sections 417 and 506(ii) of IPC, has filed this Criminal Original Petition to quash the summons dated 10.7.2006 issued to him in Cr.No.15/2005 by the Respondent Police.

(2.) THE Respondent Police has registered a case against the Petitioner on the complaint given by one P.Rajeswari Alias Sakthi. THE allegation in the complaint is that the Petitioner gave a false promise of marrying her and had sexual intercourse with her and she had become pregnant and at the time of lodging the complaint, it appears that she had delivered a baby.

(3.) IT is submitted by the Petitioner that he applied for a copy of the application of the requisition letter given by the Respondent Police as well as the order passed in the petition filed by him, objecting to the DNA Test, but the learned Magistrate had returned the said copy application as not maintainable. According to him, in spite of his objection filed on 25.5.2006, the learned Magistrate had observed in the docket order as "The Petitioner has already given his consent to appear before the Forensic Department and subsequently absconded causing heavy loss to the State. Hence, petition is returned." Now it appears that the learned Judicial Magistrate had issued a summons dated 10.7.2006 directing the Petitioner to appear before the court on 19.7.2006, which has been challenged in this Criminal Original Petition.