Mahendran vs The Inspector Of Police
2021 Latest Caselaw 25063 Mad

                                                          1            CRL.O.P.(MD)NO.20271 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 20.12.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            Crl.O.P.(MD)No.20271 of 2021 and
                                             CRL.M.P.(MD)No.11495 of 2021


                     Mahendran                                      ... Petitioner / Accused

                                                              Vs.


                     1. The Inspector of Police,
                        All Women police station,
                        Vallam,
                        Thanjavur District.                   ... Respondent / Complainant

                     2. Ramya                      ... Respondent / Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records pertaining to the case in
                     C.C.No.14 of 2021 under Sections 495, 498(A) and 420 of
                     I.P.C. pending trial on the file of the learned Additional Mahila
                     Court, Thanjavur and quash the same as against the petitioner.


                                  For Petitioner    : Mr.K.Anna
                                  For R-1           : Mr.E.Antony Sahaya Prabahar,
                                                      Additional Public Prosecutor.

                                                          ***




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                                                         2        CRL.O.P.(MD)NO.20271 OF 2021

                                                      ORDER

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash

the proceedings in C.C.No.14 of 2021 on the file of the

Additional Mahila Court, Thanjavur.

3. The learned counsel appearing for the petitioner

would point out that the prosecution case is that the second

respondent herein is the second wife of the petitioner. If that

be so, Section 498(A) of I.P.C. cannot be invoked. I find some

force in the said contention. But then, the case of the

prosecution is that the petitioner had suppressed the first

marriage and had contracted the second marriage with the

defacto complainant. If that be so, there are prima facie

materials to try the petitioner for the offences under Sections

495 and 420 of I.P.C.

4. Leaving open all the contentions and the defences of

the petitioner, this criminal original petition is dismissed.

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3 CRL.O.P.(MD)NO.20271 OF 2021

5. Taking note of the facts and circumstances of this

case, the personal appearance of the petitioner before the

Court below is dispensed with. However, the petitioner has to

appear before the Court below on the following three

occasions:-

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 his presence is

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

petitioner can be represented by his counsel. If the

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

order will stand vacated automatically. Consequently,

connected miscellaneous petition is closed.

                                                                                        20.12.2021

                     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.

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

4 CRL.O.P.(MD)NO.20271 OF 2021

G.R.SWAMINATHAN,J.

PMU

To:

1. The Judge, Additional Mahila Court, Thanjavur.

2. The Inspector of Police, All Women police station, Vallam, Thanjavur District.

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

Crl.O.P.(MD)No.20271 of 2021

20.12.2021

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

5 CRL.O.P.(MD)NO.20271 OF 2021

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