Madras High Court
N. Seethalakshmi vs The State Represented By Its on 22 July, 2021
CrL.O.P No.5250 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.5250 of 2018
and
Crl.M.P Nos.2593 and 2594 of 2018
N. Seethalakshmi ...Petitioner
Vs.
1. The State Represented by its
Inspector of Police
W-18 All Woman Police Sttion,
MKB Nagar, Chennai
( Crime No.01 /2012)
2. Mrs. A. Nalini ...2nd Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records relating to the
proceedings in C.C.No.3538 of 2011, on the file of X Metropolitan
Magistrate Egmore at Allikulam, Chennai and to quash the same
For Petitioners : Mr. R. Sampath Kumar
For Respondent : Mr.C.E. Pratap
Government Advocate (Crl. Side)
1/4
https://www.mhc.tn.gov.in/judis/
CrL.O.P No.5250 of 2018
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Sections 498(A), 406,
506(i) of Indian Penal Code.
2. The grounds raised by the counsel for the petitioner 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 petitioners 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. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration,
the facts and circumstances of the case, the presence of the petitioner is
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 petitioner shall be present before the Court below for
receiving copies under Section 207 of Cr.P.C, for framing of charges,
https://www.mhc.tn.gov.in/judis/
CrL.O.P No.5250 of 2018
questioning under Section 313 Cr.P.C and at the time of passing of the
final judgement.
4. Accordingly, this Criminal Original Petition is disposed of with
a direction to the Court below to complete the proceedings in CC No.166
of 2017 as expeditiously as possible. 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.
22.07.2021
Index: Yes/No
Internet: Yes/No
smn
M.DHANDAPANI.J,
https://www.mhc.tn.gov.in/judis/
CrL.O.P No.5250 of 2018
smn
To
1. The Inspector of Police
W-18 All Woman Police Sttion,
MKB Nagar, Chennai
( Crime No.01 /2012)
2. The X Metropolitan Magistrate Egmore at Allikulam,
Chennai
2. The Public Prosecutor,
High Court, Madras
CCRL.O.P No.5250 of 2018
and
Crl.M.P Nos.2593 and 2594 of 2018
22.07.2021
https://www.mhc.tn.gov.in/judis/
