Vijayalakshmi vs The Inspector Of Police
2021 Latest Caselaw 23958 Mad

                                                          1         CRL.O.P.(MD)NO.19234 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 06.12.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P.(MD)No.19234 of 2021 and
                                      CRL.M.P.(MD)Nos.10730 & 10733 of 2021

                     Vijayalakshmi                        ... Petitioner / Accused No.4

                                                              Vs.


                     State rep. By,
                     1. The Inspector of Police,
                        Elumalai police station,
                        Madurai District.
                        (Crime No.1165 of 2020) ... 1st Respondent / Complainant

                     2. Sekar                            ... 2nd Respondent /
                                                                 Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records relating to the charge
                     sheet in C.C.No.75 of 2021 on the file of the Judicial
                     Magistrate No.II, Usilampatti and quash the same as against
                     the petitioner is concerned.


                                  For Petitioner    : Mr.C.Susi Kumar
                                  For R-1           : Mr.T.Senthil Kumar,
                                                      Additional Public Prosecutor.

                                                      ***



https://www.mhc.tn.gov.in/judis
                     1/4
                                                         2        CRL.O.P.(MD)NO.19234 OF 2021

                                                      ORDER

Heard the learned counsel on either side.

2. This criminal original petition has been filed for

quashing the proceedings in C.C.No.75 of 2021 on the file of

the Judicial Magistrate No.II, Usilampatti.

3. The petitioner's counsel reiterated all the contentions

set out in the memorandum of grounds.

4. Though they are quite persuasive, I am of the view

that the petitioner has to establish her innocence only before

the trial Court in a regular trial. All the contentions and the

defences of the petitioner are left open. This criminal original

petition is dismissed.

5. The petitioner is a woman and also aged about 41

years. Taking note of the facts and circumstances of this case,

the personal appearance of the petitioner before the Court

below is dispensed with. However, she has to appear before

the Court below on the following three occasions:- https://www.mhc.tn.gov.in/judis

3 CRL.O.P.(MD)NO.19234 OF 2021

i) To answer the charges,

ii) at the time of examination under Section 313 of Cr.P.C.

and

iii) at the time of pronouncement of Judgment.

The petitioner also will have to appear when her presence is

insisted upon by the trial Court and on all other occasions, the

petitioner can be represented by her counsel. If the

petitioner's counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                        06.12.2021

                     Index              : Yes / No
                     Internet           : Yes/ No
                     PMU

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 No.II, Usilampatti.

2. The Inspector of Police, Elumalai police station, Madurai District.

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

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

4 CRL.O.P.(MD)NO.19234 OF 2021

G.R.SWAMINATHAN,J.

PMU

Crl.O.P.(MD)No.19234 of 2021

06.12.2021

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