S.Prabhakaran vs S.Shanmugapriya
2021 Latest Caselaw 12277 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 23.06.2021

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 CRL.O.P No.3781 of 2018
                                                          and
                                             Crl.M.P Nos.1727 & 1728 of 2018

                     1. S.Prabhakaran
                     2. L.Ramanathan
                     3. S.Malarkannan                                     ...Petitioners
                                                              Vs.
                     S.Shanmugapriya                                .. Respondent /
                                                                    Defacto Complainant
                     PRAYER :            Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to call for the records in C.C.No.137
                     of 2016 on the file of the learned Judicial Magistrate III, Coimbatore and
                     quash the same.
                                       For Petitioners             : Mr.K.Myilsamy
                                       For Respondent              : Mr.E.Abrar Md. Abdhullah

                                                        ORDER

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioners under Sections 294(b), 341,

342, 506(i) read with Section 4 of Woman Harassment Act.

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

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 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 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 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 petitioners shall be present before the Court below at the time

of 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

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a direction to the Court below to complete the proceedings in CC No.137

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 petitioners 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.

23.06.2021

Index: Yes/No Internet: Yes/No rli

To

1. Learned Judicial Magistrate III, Coimbatore

2. The Public Prosecutor, High Court, Madras

M.DHANDAPANI.J,

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

rli

CRL.O.P No.3781 of 2018 and Crl.M.P Nos.1727 & 1728 of 2018

21.06.2021

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