Madras High Court
Maria Chandra Theresa vs State Represented By on 3 December, 2021
Crl.O.P.(MD)No.19142 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.19142 of 2021
and
Crl.M.P.(MD)Nos.10655 & 10656 of 2021
1.Maria Chandra Theresa
2.Pawulal ... Petitioner / Accused Nos.2 & 3
Vs
1.State represented by
The Inspector of Police,
Rajakamangalam,
Kanyakumari District.
(Crime No.110/2019)
2.Abiraham ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to call for the records pertaining to the charge sheet filed
in S.C.No.68 of 2021 on the file of the learned Sessions Judge,
Mahila Court, Nagercoil at Kanyakumari District and to quash the
same so far as the petitioners are concerned.
For Petitioner : Mr.Niranjan S.Kumar
For R1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19142 of 2021
ORDER
This Criminal Original Petition has been filed to quash
the impugned proceedings in S.C.No.68 of 2021 on the file of the
Sessions Judge Mahila Court, Nagercoil, Kanyakumari District.
2. The petitioners are facing trial along with the other
accused for the offences under Sections 304(B) and 498(A) of IPC.
3. The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds.
4. I am not persuaded by the said contentions. As rightly
pointed out by the learned Additional Public Prosecutor,
consideration of the said contentions would necessarily undertaking
a factual probe. Under Section 482 of Cr.P.C., I cannot do so.
Leaving open the petitioner's defences, this Criminal Original
Petition is dismissed.
5.However, taking note of the overall facts and
circumstances, the personal appearance of the petitioners before the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19142 of 2021
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.
03.12.2021
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19142 of 2021
G.R.SWAMINATHAN, J.
rmi
To
1. The Sessions Judge Mahila Court, Nagercoil, Kanyakumari
District.
2. The Inspector of Police,
Rajakamangalam,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P(MD)No.19142 of 2021
03.12.2021
https://www.mhc.tn.gov.in/judis
