Rawuther Gani vs The State Rep. By
2021 Latest Caselaw 24740 Mad

                                                              Crl.O.P.(MD)No.19972 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 15.12.2021

                                                  CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        Crl.O.P(MD)No.19972 of 2021
                                                    and
                                   Crl.M.P.(MD)Nos.11270 & 11271 of 2021


                     1.Rawuther Gani

                     2.Jemila @ Jemilabegum

                     3.Raja Mohamed

                     4.Sheik Mohamed

                     5.Mathina Rani

                     6.Sharmila Banu @ Sharmila @ Rasathi

                     7.Shabura

                     8.Beebe Jon

                     9.Dhawlath @ Dhawlath Beevi

                     10.Rahamath Nisha            ... Petitioners / Accused Nos.1to9 & 11



                                                     Vs

                     1.The State rep. by
                       The Inspector of Police,

                    1/4
https://www.mhc.tn.gov.in/judis
                                                                  Crl.O.P.(MD)No.19972 of 2021

                        Fort All Women Police Station,
                        Tiruchirapalli District.
                        (Crime No.19/2019)

                     2.Absabegum                                           ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records pertaining to C.C.No.992 of 2021
                     on the file of the Judicial Magistrate, Additional Mahila Court,
                     Tiruchirappalli and quash the same insofar as these petitioners are
                     concerned.
                                  For Petitioners     : Mr.K.M.Karunakaran
                                  For R1              : Mr.E.Antony Sahaya Prabahar
                                                        Additional Public Prosecutor


                                                      ORDER

Heard the learned counsel for the petitioners and the

learned Additional Public Prosecutor for R1.

2. The petitioners are facing trial in C.C.No.992 of 2021

on the file of the Judicial Magistrate, Additional Mahila Court,

Tiruchirappalli.for the offences under Sections 498(A), 406, 506(i)

of IPC and Sections 9 & 10 of Child Marriage Act. To quash the

same, this Criminal Original Petition has been filed.

3. The learned counsel for the petitioners reiterated all the

contentions set out in the memorandum of grounds.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19972 of 2021

4. I am not persuaded by the same. As rightly pointed out

by the learned Additional Public Prosecutor, consideration of the

said contentions would necessarily involve undertaking a factual

probe. In exercise of jurisdiction under Section 482 of Cr.P.C., I

cannot do so. Leaving open the petitioner's contentions and

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

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.

15.12.2021

Index:Yes/No Internet:Yes/No rmi

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19972 of 2021

G.R.SWAMINATHAN, J.

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 Court No.II, Usilampatti, Madurai District.

2.The Inspector of Police, Fort All Women Police Station, Tiruchirapalli District.

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

Crl.O.P(MD)No.19972 of 2021

15.12.2021

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