Madras High Court
P.Chelladurai vs The State Rep. By on 1 December, 2021
Crl.O.P.(MD)No.18853 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.18853 of 2021
and
Crl.M.P.(MD)Nos.10451 & 10452 of 2021
1.P.Chelladurai
2.T.Mahadevi
3.P.Selvaraj
4.P.Senthil ... Petitioners /
Accused Nos.2,3,5&6
vs.
1.The State rep. by
The Inspector of Police,
All Women Police Station,
Theni.
(Crime No.15 of 2017) ... 1st Respondent / Complainant
2.Selvarani ... 2ndRespondent /
defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records from the Judicial Magistrate, Theni in C.C.No.26 of
2019 and quash the same as it has no prima facie case against the
petitioners.
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.18853 of 2021
For Petitioner : Mr.H.Velavadhas
For R1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in C.C.No.26 of 2019 on the file of the Judicial Magistrate,
Theni.
2. The petitioners are facing trial for various offences which
include Section 498 A of IPC also. In the very nature of things,
contentions facts are involved. When the petitioners' names have been
implicated in the statement recorded under Section 161 of Cr.P.C., it
would not be open to this Court to quash the impugned proceedings by
invoking its inherent powers.
3. Leaving open the petitioners' contentions and defences, this
Criminal Original Petition is dismissed. However, the trial Magistrate is
directed to conclude C.C.No.26 of 2019 on merits and in accordance with
law within a period of four months from the date of receipt of a copy of
this order.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18853 of 2021
4. However, taking note of the overall facts and circumstances, the
personal appearance of the petitioners before the court below is
dispensed with. The learned trial Magistrate shall insist on the personal
appearance of the petitioners only when it is absolutely necessary and
imperative. The petitioners 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 petitioners can
be represented through their 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, Theni.
2.The Inspector of Police,
All Women Police Station,
Theni.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18853 of 2021
G.R.SWAMINATHAN, J.
rmi
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.18853 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
