Sonai vs State
2021 Latest Caselaw 22204 Mad

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED: 11.11.2021

                                                 CORAM:

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        Crl OP(MD)No.8006 of 2021
                                                   and
                                   Crl MP(MD)Nos.4117 & 4118 of 2021


                   1.Sonai

                   2.Sethuraman

                   3.Azhagumani

                   4.Suresh

                   5.Neivanathan

                   6.Ramanathan

                   7.Malayalam

                   8.Malaichamy

                   9.Kannamani

                   10.Sasikala

                   11.Ponmudi

                   12.Jegatheesh                                  ... Petitioners

                                                     vs.
                   1.State, rep.by Inspector of Police,
                     Y.Othakadai Police Station,
                     Madurai District, Madurai.
                    (Crime No.375 of 2017)

                   3.Ganesan                                     ...Respondents
https://www.mhc.tn.gov.in/judis


                   1/3
                   PRAYER : Criminal Original Petition filed under Section 482 of
                   Cr.Pc, to call for the records pertaining to the charge sheet in PRC
                   No.13 of 2020 on the file of the Judicial Magistrate, Melur, Madurai
                   District in Crime No.375 of 2017 dated 27.06.2017 on the file of
                   the first respondent and quash the same as illegal as against the
                   petitioner alone.


                                     For Petitioner             : Mr.T.Lajapathi Roy
                                     For R1                     : Mr.T.Senthilkumar,
                                                                 Additional Public Prosecutor


                                                           ORDER

This criminal original petition has been filed for quashing the

proceedings in PRC No.13 of 2020 on the file of the Judicial

Magistrate, Melur. The said case arises out of Crime No.375 of

2017 registered on the file of the Y.Othakadai Police Station for

various offences. A counter case has also been registered in

Crime No.376 of 2017. Final report has been filed in the said case

also and it has also been taken on file in PRC No.14 of 2020 on the

file of the very same court. PSO No.588A sets out the procedure to

deal with the case of counter complaint arising out of the same

transaction. In the case on hand, in both the cases final reports

have been filed and accordingly it has also been taken on file. In

such cases, the cases will be tried by the very same court. But the

trials have to be conducted by two different Prosecutors.

Judgments will be pronounced on the same day. https://www.mhc.tn.gov.in/judis

2.This criminal original petition is disposed of accordingly.

The contentions of the petitioners are left open. Since the eight

petitioner Malaichamy is working as Headmaster in a school, his

personal appearance before the court below is dispensed with.

The trial court shall not insist on his personal appearance unless it

is necessary or imperative. Of course, he has to appear on those

occasions, namely, to answer the charges, examination under

Section 313 of Cr.Pc and on the day of pronouncement of

judgment. On all other occasions, he shall be represented by his

counsel. If his counsel fails to appear, the benefit of this order will

stand automatically vacated. Connected miscellaneous petitions

are closed.

11.11.2021

skm

To

1.The Inspector of Police, Y.Othakadai Police Station, Madurai District, Madurai.

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

G.R.SWAMINATHAN, J.

skm

Crl OP(MD)No.8006 of 2021 and Crl MP(MD)Nos.4117 & 4118 of 2021

11.11.2021

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