Madras High Court
Abdul Asis vs The State Rep. By on 1 December, 2021
Crl.O.P.(MD)No.18861 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.18861 of 2021
and
Crl.M.P.(MD)Nos.10459 & 10461 of 2021
1.Abdul Asis
2.Syed Sirajudeen
3.Nujeema Banu ... Petitioners /
Accused Nos.2,4&5
vs.
1.The State rep. by
The Inspector of Police,
All Women Police Station,
Nagercoil,
Kanyakumari District.
2.Ramisha ... 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.13 of 2020
on the file of the Additional Mahila Court (Magisterial Level),
Nagercoil , Kanyakumari District and quash the same as illegal.
For Petitioner : Mr.K.Govindarajan
for Mr.R.Pon Karthikeyan
For R1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.18861 of 2021
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in C.C.No.13 of 2020 on the file of the Additional Mahila
Court (Magisterial Level), Nagercoil , Kanyakumari District.
2. The defacto complainant is the wife of the first accused. It is a
matrimonial complaint.
3. The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds.
4. Though they are quite persuasive, consideration of the said
contention would involve embarking on a factual probe. While
exercising jurisdiction under Section 482 of Cr.P.C., I cannot go into the
contentious factual matters. Therefore, leaving open the petitioners'
defences and contentions, this Criminal Original Petition is dismissed.
5. 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18861 of 2021
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 Additional Mahila Court (Magisterial Level), Nagercoil ,
Kanyakumari District.
2.The Inspector of Police,
All Women Police Station,
Nagercoil,
Kanyakumari 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.18861 of 2021
G.R.SWAMINATHAN, J.
rmi
Crl.O.P.(MD)No.18861 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
