Madras High Court
Murugan vs The Inspector Of Police on 19 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.212 of 2017
and Crl.M.P Nos.158 & 159 of 2017
1. Murugan
2. Parvathi
3. Subramanian
4. Valli @ Valliammal
5. Amutha
.... Petitioners
vs.
1. The Inspector of Police,
All Women Police Station,
Tirukovilur,
Villupuram District.
Crime No.29 of 2015
2. Revathi ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, calling for the records pertaining to the CC.No.345 of
2016 on the file of the learned Judicial Magistrate, Tirukovilur and quash the
same.
For Petitioner : Mr.D.Lakshmipathy
For R1 : Mr.C.Raghavan
Government Advocate (Criminal Side)
ORDER
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioners under Sections 498(A) & 323 of IPC
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and Section 72 of Information Technology Act.
2. The grounds raised by the counsel for the petitioners are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the petitioner to raise all the grounds
before the Court below and the same shall be considered on its own merits
and in accordance with law. This Court is not inclined to interfere with the
proceedings pending before the Court below.
3. It was brought to the notice of this court that the second petitioner
died during the pendency of the proceedings and this Criminal Original
Petition is abated insofar as the second petitioner is concerned.
4. The learned counsel for the petitioners requested this Court to
dispense with the presence of the petitioners. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioners 1,3,4 and
5 are dispensed with and they shall be represented by a counsel, who shall
cross examine the witnesses on the same day, they are examined in Chief.
The petitioners shall be present before the Court below at the time of
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questioning under Section 313 Cr.P.C and at the time of passing of the final
judgement.
5. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.345 of
2016 within a period of three months from the date of receipt of a copy of
this order. The trial shall be conducted on a day to day basis in accordance
with the guidelines given by Hon'ble Supreme Court reported in Vinod
Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner
adopts any dilatory tactics, it is open to the trial Court to insist upon the
presence of the petitioner and remand him to custody as per the
judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH
VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently,
connected miscellaneous petitions are also closed.
19.01.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
rli
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
rli
To
1. The Judicial Magistrate,
Tirukovilur.
2. The The Inspector of Police,
All Women Police Station,
Tirukovilur,
Villupuram District.
3. The Public Prosecutor,
High Court of Madras,
Madras.
Crl.O.P No.212 of 2017
and Crl.M.P Nos.158 & 159 of 2017
19.01.2021
https://www.mhc.tn.gov.in/judis/
