Madras High Court
Anu Vianneys vs The State Represented By on 13 December, 2021
Crl.O.P.(MD)No.11402 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No. 11402 of 2021
and
Crl.M.P.(MD)Nos.5796 & 5797 of 2021
1.Anu Vianneys
2.J.Sathish Xavier ... Petitioners
Vs.
1.The State represented by
The Inspector of Police,
All Women Police Station,
Nagercoil,
Kanyakumari District.
(Crime No.54 of 2020)
2.Jaya Priya ... Respondents
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for records relating to the criminal proceedings pending in C.C.No.24 of 2021
on the file of the Additional Mahila Court (Magisterial Level), Nagercoil and
quash the same insofar as the petitioners are concerned.
For Petitioners : Mr.N.Dilip Kumar
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor for R.1
Mr.M.P.Senthil for R.2
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1/4
Crl.O.P.(MD)No.11402 of 2021
ORDER
Heard the learned counsel appearing for the petitioners, the learned
Additional Public Prosecutor appearing for the first respondent and the learned
counsel appearing for the second respondent.
2. The petitioners are facing trial in C.C.No.24 of 2021, on the file of
Additional Mahila Court (Magisterial Level), Nagercoil for the offences under
Sections 406, 498(A) and 506(2) IPC and Sections 3(1), 4 and 6 of Dowry
Prohibition Act, 1961. Consideration of the contentions of the petitioner's
counsel would necessarily involve undertaking a factual probe. As rightly
pointed out by the learned counsel appearing for the defacto complainant, under
Section 482 Cr.P.C, I cannot do so. Leaving open the petitioner's contentions
and defences, this Criminal Original Petition stands dismissed.
3. The first petitioner is the sister-in-law of the defacto complainant.
The second respondent is employed in United Arab Emirates. Therefore, it will
be very difficult for the petitioners to attend the hearings on a regular basis.
Therefore, taking into account the facts and circumstances, the petitioners are
permitted to file an application under Section 205 Cr.P.C before the learned trial
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11402 of 2021
Magistrate and they can give a special vakalath to the counsel of their choice
and the said counsel can represent the petitioners throughout . The learned trial
Magistrate is directed to allow the said petition to be filed under Section 205
Cr.P.C. The petitioners can take part in the questioning and also examination
under Section 313 Cr.P.C through the counsel. However, the petitioners shall
give an undertaking that they would be present on the date of judgment and that
they would not dispute their identity at any point of time.
4. Recording the petitioners' undertaking, this Criminal Original Petition
is disposed of. Consequently, connected miscellaneous petitions are closed.
13.12.2021
Index : Yes / No
Internet : Yes/ No
mga
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. Additional Mahila Court (Magisterial Level),
Nagercoil
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11402 of 2021
G.R.SWAMINATHAN, J.
mga
2.The Inspector of Police,
All Women Police Station,
Nagercoil,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.11402 of 2021
and
Crl.M.P.(MD)Nos.5796 & 5797 of 2021
13.12.2021
https://www.mhc.tn.gov.in/judis
