Ramanathan Reddiar vs The Inspector Of Police
2021 Latest Caselaw 22088 Mad

                                                                        Crl.O.P(MD)No.16522 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 09.11.2021

                                                   CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P(MD)No.16522 of 2021
                                                    and
                                     Crl.M.P(MD)Nos.8911 and 8912 of 2021

                     1.Ramanathan Reddiar


                     2.Jayalakshmi


                     3.Vijayalakshmi


                     4.Soumya                               ... Petitioners/Accused Nos.2 to 5

                                                      Vs.

                     State Rep. by its
                     1.The Inspector of Police,
                       All Women Police Station,
                       Srirangam,
                       Trichy District.
                       (Crime No.12 of 2019)       ...1st Respondent/Complainant

                     2.Prasitha                    ...2nd Respondent/Defacto-Complainant



                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records pertaining to the charge sheet in

https://www.mhc.tn.gov.in/judis
                     1/5
                                                                                 Crl.O.P(MD)No.16522 of 2021


                     C.C.No.2150 of 2019 on the file of learned Additional Mahila Court,

                     Trichy and quash the same insofar as the petitioner/A2 to A5 is

                     concerned.

                                        For Petitioners      : Mr.B.Jameel Arasu
                                        For R1              : Mr.T.Senthil Kumar,
                                                              Additional Public Prosecutor.



                                                          ORDER

This Criminal Original Petition has been filed for quashing the

proceedings in C.C.No.2150 of 2019 on the file of Additional Mahila

Court, Trichy. It is a matrimonial case. The petitioners are in-laws of the

de-facto complainant.

2.The learned counsel for the petitioners reiterated all the

contentions set out in the memorandum of grounds and he called upon

this Court to quash the impugned proceedings. It is obvious that the

contentions urged by the petitioner's counsel are factual in nature. They

have to be necessarily established only in a regular trial. It is not a case

in which the inherent powers of this Court can be invoked. Leaving open

all the contentions and defences, these criminal original petitions stand

dismissed.

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

Crl.O.P(MD)No.16522 of 2021

3.However, taking note of the facts and circumstances of the case,

the personal appearance of the petitioners is dispensed with before the

court below. The learned trial judge shall insist on the appearance of the

petitioners only on three occasions, namely, to answer the charges, for

examination under Section 313 of Cr.P.C and at the time of

pronouncement of judgment. On all other occasions, they can be

represented by their counsel. If the counsel for the petitioners fails to

appear, the benefit of this order will get automatically vacated.

Consequently, connected miscellaneous petitions are closed.

09.11.2021

Index :Yes/No Internet : Yes/No gbg/btr

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

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

Crl.O.P(MD)No.16522 of 2021

G.R.SWAMINATHAN, J.

gbg/btr

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.16522of 2021

09.11.2021

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

Crl.O.P(MD)No.16522 of 2021

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