Madras High Court
K.Rathinasamy vs State Through Inspector Of Police on 14 September, 2022
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
and
CRL.M.P.(MD)Nos.5317 & 5318 of 2018
in
CRL.O.P.(MD)No.11734 of 2018
1.K.Rathinasamy
2.R.Mariammal
3.R.Vijayakumar
4.R.Chandramohan ... Petitioners / Accused Nos.2 to 5
in Crl.O.P.(MD)No.14804 of 2017
R.Somasundaram ... Petitioner / Accused No.1
in Crl.O.P.(MD)No.11734 of 2018
-Vs-
1.State through Inspector of Police,
All Women Police Station,
Madurai City, Madurai-625 001.
(Crime No.13 of 2016)
2.S.Nalini ... Respondents in both Crl.O.Ps.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
PRAYER in Crl.O.P.(MD)No.14804 of 2017: Criminal Original
Petition filed under Section 482 of Cr.P.C., to quash the final report in
C.C.No.2 of 2017 on the file of the Additional Mahila Court (JM Level),
Madurai.
PRAYER in Crl.O.P.(MD)No.11734 of 2018: Criminal Original
Petition filed under Section 482 of Cr.P.C., to call for the records in
C.C.No.2 of 2017 on the file of the Additional Mahila Court (JM Level),
Madurai and to quash the same as against this petitioner.
For Petitioners : Mr.S.Chandrasekaran
For R1 : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
For R2 : Mr.R.R.Thamothar Raj
(in both Crl.O.Ps.)
COMMON ORDER
Subject matter of challenge in both these petitions pertains to
the final report in C.C.No.2 of 2017, pending on the file of the
Additional Mahila Court (JM Level), Madurai.
2.The petitioner in Crl.O.P.(MD)No.11734 of 2018 is the
husband and the petitioners in Crl.O.P.(MD)No.14804 of 2017 are
2/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
in-laws. The 2nd respondent gave a complaint against all the accused
persons, which ultimately ended in a final report for alleged offences
under Sections 498A, 406, 294(b), 354A(1)(iv) of IPC and Section 4 of
Tamil Nadu Prohibition of Harassment of Woman Act, 2002.
3.Heard the learned counsel for the petitioners, the learned
Additional Public Prosecutor for the 1st respondent and the learned
counsel for the 2nd respondent.
4.When the matter was taken up for hearing, it was brought to
the notice of this Court that the trial has already commenced and it is
now at the stage of examination of P.W.1 and it has been completed in
part. The learned counsel for the petitioners submitted that the 2nd
respondent as P.W.1 was examined on 09.11.2021 and chief examination
was done in part and thereafter, there has been absolutely no progress.
5.In the considered view of this Court, since the trial has
already commenced, this Court is not inclined to go into the merits of the
3/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
case. In view of the same, both the Criminal Original Petitions are
disposed of with the following directions:-
(a) The presence of the petitioners 1, 2 and 4 in
Crl.O.P.(MD)No.14804 of 2017, who are arrayed as A2, A3 and A5 is
dispensed with. The 3rd petitioner, namely, A4 has died during the
pendency of the proceedings and the proceedings have abated insofar as
the 3rd petitioner is concerned. The petitioners 1, 2 and 4 shall be
represented through counsel before the Court below and it is made clear
that they will not dispute the identity of the witnesses;
(b) The learned counsel representing the petitioners 1, 2 and 4 /
A2, A3 and A5 shall cross-examine the witnesses on the same day they
are examined in chief or at least the next hearing date, without any delay;
(c) The petitioners 1, 2 and 4 / A2, A3 and A5 shall be present
before the Court below at the time of questioning under Section 313 of
Cr.P.C., and at the time of passing of the final judgment; and
4/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
(d) The Court below is directed to dispose of C.C.No.2 of 2017,
pending on the file of the Additional Mahila Court (JM Level), Madurai
within a period of four (4) months from the date of receipt of a copy of
this order.
Consequently, connected miscellaneous petitions are closed.
14.09.2022
Index: Yes/No
Internet: Yes/No
Myr
To
1.The Additional Mahila Court Judge (JM Level),
Madurai.
2.The Inspector of Police,
All Women Police Station,
Madurai City, Madurai-625 001.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018
N.ANAND VENKATESH, J.
Myr CRL.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018 14.09.2022 6/6 https://www.mhc.tn.gov.in/judis