Suganya vs The Inspector Of Police
2021 Latest Caselaw 24632 Mad

                                                                         Crl.O.P(MD)No.19801 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 14.12.2021

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P(MD)No.19801 of 2021
                                                     and
                                    Crl.M.P.(MD)Nos.11131 and 11135 of 2021

                     Suganya                                             ... Petitioner
                                                       Vs.

                     1.The Inspector of Police,
                       All Women Police Station,
                       Cantonment,
                       Trichy.
                     2.Nagalakshmi                                       ... Respondents



                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records of the C.C.No.376 of 2021 on the file of

                     the Judicial Magistrate, Additional Mahila Court, Trichy and quash the

                     same against the petitioner/Accused 2 concerned.


                                  For Petitioner     : Mr.S.Pandiyaraj
                                  For Respondents : Mr.E.Antony Sahaya Prabahar,
                                                   Addl. Public Prosecutor for R1.




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                                                                                Crl.O.P(MD)No.19801 of 2021


                                                        ORDER

Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the first respondent.

2.The petitioner is facing trial in C.C.No.376 of 2021 on the file of

the Judicial Magistrate, Additional Mahila Court, Trichy

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. I am not however

persuaded by the same. As rightly pointed out by the learned Additional

Public Prosecutor, consideration of those contentions would necessarily

involve undertaking a factual analysis. Under Section 482 of CrPC, I

cannot do so. This criminal original petition is dismissed. However,

taking into account the fact that the petitioner is a women, her personal

appearance before the Court below is dispensed with. However, the

Court below will insist on the personal appearance of the petitioner only

on three occasions namely, to answer the charge, for examination under

Section 313 of CrPC and at the time of pronouncing Judgment. On all

other occasions, the petitioner need not appear before the Court below.

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

Crl.O.P(MD)No.19801 of 2021

However, on those occasions, the petitioner will have to be represented

by her counsel. If the petitioner's counsel is also absent, the benefit of

dispensing with the personal appearance of the petitioner will stand

automatically vacated. Consequently, connected miscellaneous petitions

are closed.

14.12.2021

Index :Yes/No Internet : Yes/No ias

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, Additional Mahila Court, Trichy.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

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

Crl.O.P(MD)No.19801 of 2021

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.19801 of 2021

14.12.2021

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