Madras High Court
S.Mathisekar vs The State Rep. By on 1 December, 2021
Crl.O.P.(MD)No.18920 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.18920 of 2021
and
Crl.M.P.(MD)Nos.10510 & 10511 of 2021
S.Mathisekar ... Petitioner /
Accused No.1
vs.
1.The State rep. by
Inspector of Police,
Karuppayoorani Police Station,
Madurai District,
Madurai.
(Crime No.12 of 2020)
2.Balaji ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records pertaining to the final report in C.C.No.393 of 2021
on the file of the Judicial Magistrate No.II, Madurai District in Crime
No.12 of 2020, dated 14.01.2020 on the file of the first respondent and
quash the same as illegal as against the petitioners alone.
For Petitioner : Mr.T.Lajapathi Roy
For R1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.18920 of 2021
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in C.C.No.393 of 2021 on the file of the Judicial Magistrate
No.II, Madurai District.
2. The petitioner is facing trial for the offences under Sections
408, 420, 468, 506(1) & 294(b) of IPC and Section 66C of Information
Technology (Amendment) Act, 2008.
3. The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds.
4. As rightly pointed out by the learned Additional Public
Prosecutor for the first respondent, consideration of the petitioner's
counsel's contentions would necessarily involve undertaking a factual
analysis.
5. In exercise of jurisdiction under Section 482 of Cr.P.C., I cannot
do so. Leaving open the petitioner's contentions and defences, this
Criminal Original Petition is dismissed.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18920 of 2021
6.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
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 his counsel. Consequently, connected miscellaneous petitions
are closed.
01.12.2021
Index : Yes/No
Internet : Yes/No
rmi
Note : 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.II, Madurai District.
2.The Inspector of Police,
Karuppayoorani Police Station,
Madurai District,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18920 of 2021
G.R.SWAMINATHAN, J.
rmi
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.18920 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
