R. Rajarajeswari vs A.Shanmugasundaram
2021 Latest Caselaw 5378 Mad

                                                                              Crl. OP No.3969 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 01.03.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl. OP No.3969 of 2021
                                          and Crl. MP Nos.2394 & 2395 of 2021


                     R. Rajarajeswari                                      ... Petitioner/Accused

                                                            vs.
                     A.Shanmugasundaram                              ... Respondent/ Complainant


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of

                     Criminal Procedure, to call for the records in respect of the complaint filed

                     by the respondent herein in STC. No.43 of 2020 against the petitioner on the

                     file of Judicial Magistrate (FTC-Magisterial Level), Omalur and quash the

                     same.



                                          For Petitioner     : Mr. R.Nalliyappan




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                Crl. OP No.3969 of 2021



                                                         ORDER

This petition has been filed seeking to quash the proceedings in

STC.No.43 of 2020 pending on the file of Judicial Magistrate (FTC-

Magisterial Level), Omalur.

2. The grounds that have been raised by the learned counsel for the

petitioner is purely factual in nature and this Court cannot go into the same

in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to

the petitioner to raise these grounds before the Court below and the Court

below shall consider the same on its own merits and in accordance with law.

3. This Criminal Original Petition is disposed of with a direction to

the Court below to complete the proceedings, 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3969 of 2021

remand her 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.

                                                                                 01.03.2021
                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Judicial Magistrate (FTC-Magisterial Level), Omalur.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3969 of 2021

N. ANAND VENKATESH, J.

jv

Crl. OP No.3969 of 2021 and Crl. MP Nos.2394 & 2395 of 2021

01.03.2021

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