P.Vinoth Raj vs The State Rep. By Its
2021 Latest Caselaw 25385 Mad

                                                               Crl.O.P.(MD)No.20663 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 23.12.2021

                                                  CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                       Crl.O.P(MD)No.20663 of 2021
                                                   and
                                  Crl.M.P.(MD)Nos.11766 & 11768 of 2021


                     1.P.Vinoth Raj

                     2.R.Palraj

                     3.P.Dhanalakshmi              ... Petitioners / Accused Nos.1 to 3



                                                       Vs

                     1.The State rep. by its
                       The Inspector of Police,
                       All Women Police Station,
                       Aruppukottai,
                       Virudhunagar District.
                       (Crime No.4 of 2020)

                     2.P.Sudhalakshmi                              ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records pertaining to the case in C.C.No.96
                     of 2020 on the file of the learned Judicial Magistrate, Aruppukottai
                     and quash the same as illegal.



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https://www.mhc.tn.gov.in/judis
                                                                  Crl.O.P.(MD)No.20663 of 2021

                                  For Petitioners     : Mr.J.Jeyakumaran
                                  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. This Criminal Original Petition has been filed to quash

the proceedings in C.C.No.96 of 2020 on the file of the learned

Judicial Magistrate, Aruppukottai.

3. The learned counsel for the petitioners reiterated all the

contentions set out in the memorandum of grounds.

4. I am not persuaded by the said contention. As rightly

pointed out by the learned Additional Public Prosecutor,

consideration of the said contention would definitely involve

undertaking a factual probe. Under Section 482 of Cr.P.C., I cannot

do so. Leaving open the petitioners' defences and contentions, 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20663 of 2021

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.

23.12.2021

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 Judicial Magistrate, Aruppukottai.

2.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar 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.20663 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.20663 of 2021

23.12.2021

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