Samson vs The Sub-Inspector Of Police
2021 Latest Caselaw 5525 Mad

                                                                               Crl. OP No.3626 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 02.03.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl. OP No.3626 of 2021

                     1. Samson

                     2. Mrs.Eveline

                     3. Miss Juliet                                ... Petitioners/Accused

                                                            vs.
                     1. The Sub-Inspector of Police,
                        W-29, All Women Police Station,
                        Avadi, Chennai 600 054.                      ... Respondent

                     2. Evanglin Emayavarman                 ... Respondent/ Defacto Complainant


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

                     Criminal Procedure, to call for the records and to quash the charge sheet in

                     C.C.No.157/2019, as the matter is amicably settled between the parties

                     pending on the file of the Judicial Magistrate Court No.1, at Poonamallee.

                                          For Petitioners    : Mr. P.Prakash Paul
                                          For Respondent     : Mr.M.Mohamed Riyaz
                                                               Additional Public Prosecutor

                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                Crl. OP No.3626 of 2021



                                                         ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.157 of 2019 pending on the file of the learned Judicial Magistrate

No.1, at Poonamallee.

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

petitioners 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 petitioners 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 petitioners adopts any dilatory tactics, it is

open to the trial Court to insist upon the presence of the petitioners and

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3626 of 2021

remand them 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).

                                                                                  02.03.2021
                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Judicial Magistrate No.1, Poonamallee.

2. The Sub-Inspector of Police, W-29, All Women Police Station, Avadi, Chennai 600 054.

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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3626 of 2021

N. ANAND VENKATESH, J.

jv

Crl. OP No.3626 of 2021

02.03.2021

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