Madras High Court
Aravind Kumar vs The Sub Inspector Of Police on 1 December, 2021
Crl.O.P.(MD)No.18851 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.18851 of 2021
and
Crl.M.P.(MD)Nos.10505 & 10506 of 2021
1.Aravind Kumar
2.Alagar
3.Chandra
4.Asaithambi
5.Maragathavalli ... Petitioners /
Accused Nos.1 to 5
vs.
1.The Sub Inspector of Police,
All Women Police Station,
Karaikudi,
Crime No.11 of 2015 ... Respondent / Complainant
2.Shobana ... Respondent /
defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
call for the records and quash the proceedings of the impugned final
report in C.C.No.152 of 2015 on the file of the Judicial Magistrate,
Karaikudi, Sivagangai District in respect of the petitioners.
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1/4
Crl.O.P.(MD)No.18851 of 2021
For Petitioners : Mr.RM.Arun Swaminathan
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.152 of 2015 on the file of the Judicial Magistrate,
Karaikudi.
2. It is stated that the case against the sixth accused has already
been split up. Leaving open the petitioners' defences and contentions,
this Criminal Original Petition is dismissed. The learned trial Magistrate
is directed to conclude C.C.No.152 of 2015 on merits and in accordance
with law within a period of two months from the date of receipt of a copy
of this order.
3. 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 examination under Section 313 of
Cr.P.C., and at the time of pronouncement of Judgment. On all other
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Crl.O.P.(MD)No.18851 of 2021
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, Karaikudi, Sivagangai District.
2.The Sub Inspector of Police,
All Women Police Station,
Karaikudi.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18851 of 2021
G.R.SWAMINATHAN, J.
rmi
Crl.O.P.(MD)No.18851 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
