V KALPANA Vs. MALARVIZHI

JUDGEMENT

(1.) THE accused in C.C.No,46/2007 on the file of the learned Judicial Magistrate No.V, Vellore has come forward with the present petition under Section 482 Cr.P.C for quashing the above said criminal proceedings.

(2.) THE submissions made by Mr. J. Kathiresan, learned counsel for the petitioner were heard. THE petition and the documents produced along with the petition were also perused.

(3.) THIS court, upon hearing the submissions made by the learned counsel for the petitioner in respect of the above said contentions raised by the petitioner in this petition and after perusing the petition and the documents filed along with the petition in the form of a typed set of papers, comes to the conclusion that all the allegations made by the petitioner in the petition can be raised as plea of defence before the trial court and that they cannot be the grounds on which the complaint itself can be put to death at the threshold, as they touch the merits of the case. No procedural irregularity has been alleged in the petition.