Madras High Court
R.Maheshwari vs The State Rep. By on 1 December, 2021
Crl.O.P.(MD)No.18973 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.18973 of 2021
and
Crl.M.P.(MD)Nos.10530 & 10531 of 2021
R.Maheshwari ... Petitioner /
Sole Accused
vs.
1.The State rep. by
Sub Inspector of Police (Crime)
Kovilpatti East Police Station,
Thoothukudi District.
(In Crime No.902/2020)
2.Sowraba ... Respondents /
defacto Complainants
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records in C.C.No.83 of 2021 on the file of the Judicial
Magistrate No.I, Kovilpatti, Thoothukudi District and quash the same as
devoid of merits.
For Petitioner : Mr.A.Haja Mohideen
For R1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.18973 of 2021
ORDER
This Criminal Original Petition has been filed for quashing the
proceedings in C.C.No.83 of 2021 on the file of the Judicial Magistrate
No.I, Kovilpatti.
2. The petitioner is facing trial for the offences under Sections
406, 417 & 420 of IPC. The defacto complainant has alleged that the
petitioner has taken a sum of Rs.7,52,000/- from her by promising to
arrange a job in the infosys company.
3. The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds.
4. I am not persuaded by any of the contentions. The petitioner
has to necessarily establish her innocence only before the trial Court.
The learned Additional Public Prosecutor points out that already eight
witnesses have been examined. The question of invoking the inherent
powers of this Court does not arise. Leaving open the petitioner's
defences, this Criminal Original Petition is dismissed.
5. However, taking note of the overall facts and circumstances, the
personal appearance of the petitioner before the court below is dispensed
with. The learned trial Magistrate shall insist on the personal appearance
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18973 of 2021
of the petitioner only when it is absolutely necessary and imperative.
The petitioner shall be called upon to appear in person before the trial
Court at the time of answering the charges and at the time of examination
under Section 313 of Cr.P.C., and at the time of pronouncement of
Judgment. On all other occasions, the petitioner can be represented
through her counsel. Consequently, connected miscellaneous petitions
are closed.
01.12.2021
Index : Yes/No
Internet : Yes/No
rmi
Note : Issue Order Copy on 02.12.2021
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Judicial Magistrate No.I, Kovilpatti, Thoothukudi District.
2.The Sub Inspector of Police (Crime)
Kovilpatti East Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18973 of 2021
G.R.SWAMINATHAN, J.
rmi
Crl.O.P.(MD)No.18973 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
