Joseph Raja vs The Inspector Of Police
2021 Latest Caselaw 25163 Mad

                                                               Crl.O.P.(MD)No.20386 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 21.12.2021

                                                    CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           Crl.O.P(MD)No.20386 of 2021


                     1.Joseph Raja

                     2.Paul Poulraj

                     3.Vedamanikam                     ... Petitioners / Accused Nos.2 to 4



                                                       Vs

                     1.The Inspector of Police,
                       Sayalkudi Police Station,
                       Ramanathapuram District.
                       (Cr.No.221 of 2018)

                     2.Prasath                                     ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records in respect of P.R.C.No.21 of 2021
                     on the file of the District Munsif cum Judicial Magistrate, Kadaladi
                     and to quash the same.
                                  For Petitioners   : Mr.K.Kumaravel
                                  For R1            : Mr.E.Antony Sahaya Prabahar
                                                    Additional Public Prosecutor


                    1/4
https://www.mhc.tn.gov.in/judis
                                                                  Crl.O.P.(MD)No.20386 of 2021

                                                   ORDER

This Criminal Original Petition has been filed to quash the

proceedings in P.R.C.No.21 of 2021 on the file of the District

Munsif cum Judicial Magistrate, Kadaladi.

2. The petitioners are figuring as A2 to A4 in the said case.

The first respondent has filed the final report for the offences under

Sections 302, 201, 120B and 364 of IPC.

3. The petitioner's counsel submitted that the first accused

passed away some time in the year 2020 and later, the petitioners

have been implicated on the strength of an alleged confession

statement.

4.Though the contentions of the petitioner's counsel are

quite persuasive, in view of their factual nature, I am not in a

position to consider the same. The petitioners have to establish their

innocence only before the trial Court. All the contentions and

defences of the petitioners are left open. This Criminal Original

Petition stands 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20386 of 2021

insist on the personal appearance of the petitioners only when it is

absolutely necessary and imperative. The petitioner 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.

21.12.2021

Index:Yes/No Internet:Yes/No 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 District Munsif cum Judicial Magistrate, Kadaladi.

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20386 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.20386 of 2021

21.12.2021

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