Anandhan vs The State Rep. By
2021 Latest Caselaw 23607 Mad

                                                                         Crl.O.P.(MD)No.18919 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.18919 of 2021
                                                     and
                                    Crl.M.P.(MD)Nos.10508 & 10509 of 2021


                     1.Anandhan

                     2.R.Subbaiah

                     3.S.Manoranjitham

                     4.Rajeshwari

                     5.Indhira                                        ... Petitioners /
                                                                        Accused Nos.1 to 5
                                                          vs.
                     1.The State rep. by
                       the Sub Inspector of Police,
                       All Woman Police Station (Thilagar Thidal),
                       Madurai City,
                       Madurai.
                       (Cr.No.19/2018)                     ... 1st Respondent / Complainant

                     2.A.Umarani                                     ... 2ndRespondent /
                                                                  defacto Complainant


                     PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
                     call for the records pertaining to the impugned charge sheet made in
                     C.C.No.821 of 2019 on the file of the Judicial Magistrate cum Additional

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                     1/4
                                                                                Crl.O.P.(MD)No.18919 of 2021



                     Mahila Court, Madurai and quash the same as illegal.


                                        For Petitioner   : Mr.P.R.Prithviraj

                                        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.821 of 2019 on the file of the Judicial Magistrate

cum Additional Mahila Court, Madurai.

2. The second respondent is the defacto complainant. It is a

matrimonial complaint. The petitioners are facing trial for the offences

under Section 498 A and 406 of IPC. In the very nature of things, a case

of this nature cannot be quashed as contentious facts are involved.

3. Leaving open the petitioners' defences and contentions, this

Criminal Original Petition is dismissed.

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

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.18919 of 2021

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 : 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 cum Additional Mahila Court, Madurai.

2.The Sub Inspector of Police, All Woman Police Station (Thilagar Thidal), Madurai City, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.18919 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P.(MD)No.18919 of 2021

01.12.2021

https://www.mhc.tn.gov.in/judis