Madras High Court
Subramani vs The State Rep. By on 21 December, 2021
Crl.O.P.(MD)No.20446 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.20446 of 2021
and
Crl.M.P.(MD)Nos.11647 & 11648 of 2021
Subramani ... Petitioner / 2nd Accused
Vs
1.The State rep. by
The Inspector of Police,
All Women Police Station,
Theni.
(Crime No.9/2021) ...1st Respondent / Complainant
2.Munaivar Sathyanarayanan
District Child Protection Officer,
District Child Protection Office,
Integrated Government,
Versatile Complex, Theni. ... Respondents / Defacto complainant
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to call for the records and quash the proceedings in
Special S.C.No.98 of 2021 on the file of the Fast Track Mahila
Court, Theni insofar as the petitioner is concerned.
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.20446 of 2021
For Petitioner : Mr.V.Kathirvelu
Senior Counsel
for Mr.K.Prabhu
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
Heard the learned senior counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing
for the respondents.
2. This Criminal Original Petition has been filed to quash
the proceedings in Spl.S.C.No.98 of 2021 on the file of the Fast
Track Mahila Court, Theni.
3. The learned Senior Counsel would point out that the
statement of the so called victims recorded under Section 164 of
Cr.P.C., clearly exonerate the petitioner herein. He fairly conceded
that the statements recorded under Section 161 of Cr.P.C., are in
favour of the prosecution. He would however add that those
statements did not represent the real version of the victims.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.20446 of 2021
4. Though this contention of the learned Senior Counsel is
highly persuasive, under Section 482 of Cr.P.C., I will not be in a
position to consider the same. Leaving open the petitioner's defences
and contentions, this Criminal Original Petition is dismissed.
5. However, taking note of the overall facts and
circumstances, the personal appearance of the petitioner before the
court below is dispensed with. The petitioner of-course has to appear
on all the dates, when the victims are examined. The learned trial
Magistrate shall insist on the personal appearance of the petitioner
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 petitioner can be represented
through their counsel. Consequently, connected miscellaneous
petitions are closed.
21.12.2021
Index:Yes/No
Internet:Yes/No
rmi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.20446 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 Fast Track Mahila Court, Theni.
2.The Inspector of Police,
All Women Police Station,
Theni.
3.The District Child Protection Officer,
District Child Protection Office,
Integrated Government,
Versatile Complex, Theni.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P(MD)No.20446 of 2021
21.12.2021
https://www.mhc.tn.gov.in/judis
