Madras High Court
Suliyan Abbas @ Mohamed Abbas vs The State Rep. By on 1 December, 2021
Crl.O.P.(MD)No.18879 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.18879 of 2021
and
Crl.M.P.(MD)Nos.10472 & 10473 of 2021
1.Suliyan Abbas @ Mohamed Abbas
2.Makku Nayina Mohamed
3.Muhamed Masala Asan
4.Teakadai Ussain @ Peer Mohamed
5.Kadhariya Dhaha ... Petitioners /
Accused No.1 to 5
vs.
1.The State rep. by
Inspector of Police,
Kadayanallur Police Station,
Tirunelveli District.
(in Crime No.276 of 2013)
2.Ismail ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records of the impugned charge sheet in C.C.No.29 of 2019
on the file of the Judicial Magistrate, Tenkasi and quash the same as
illegal.
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.18879 of 2021
For Petitioner : Mr.S.M.A.Jinnah
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.29 of 2019 on the file of the Judicial Magistrate,
Tenkasi.
2. The petitioners are facing trial for the offences under Sections
147, 294B, 452 and 323 of IPC. In the very nature of things, the
contentious facts are involved.
3. In exercise of jurisdiction under Section 482 of Cr.P.C., I cannot
consider such contentions. Therefore, leaving open the petitioners'
defences and contentions, this Criminal Original Petition is dismissed.
The learned trial Magistrate is directed to conclude C.C.No.29 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.18879 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 : 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, Tenkasi.
2.The Inspector of Police,
Kadayanallur Police Station,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18879 of 2021
G.R.SWAMINATHAN, J.
rmi
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.18879 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
