Madras High Court
Murugasan vs The State Rep By on 11 November, 2021
Crl.O.P(MD)No.16075 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.16075 of 2021
and
Crl.M.P.(MD)Nos.8643 and 8644 of 2021
1.Murugasan
2.Selvarasi
3.Selvaraj
4.Palaniammal
5.Loganayaki
6.Rajeshkumar ... Petitioners
Vs.
1.The State rep by
The Inspector of Police,
All Women Police Station,
Dindigul Town,
Dindigul District.
(Crime No.6 of 2018)
2.Preethi ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records in connection with the impugned charge
sheet in C.C.No.210 of 2019 pending on the file of the learned
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1/6
Crl.O.P(MD)No.16075 of 2021
Additional Mahila Court, Dindigul, Dindigul District and quash the same
insofar as the petitioners are concerned.
For Petitioners : Mr.S.Sarvagan Prabhu
For Respondents : Mr.T.Senthil Kumar,
Addl. Public Prosecutor for R1
ORDER
This criminal original petition has been filed by Accused Nos.2 to
7 to quash the proceedings in C.C.No.210 of 2019 on the file of the
Additional Mahila Court, Dindigul, Dindigul District.
2.The second respondent herein is the defacto complainant. The
prosecution alleges that the accused have committed the offences under
Sections 498(A), 420, 406, 323 and 506(1) of IPC and Section 4 of
Tamilnadu prohibition of Harassment of Women Act.
3.The learned counsel for the petitioners relies on a document of
the year 2015 to show that the defacto complainant had already taken
back all her srithana articles. The case in question was lodged only in the
year 2018. Though, this contention advanced by the petitioners' counsel
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Crl.O.P(MD)No.16075 of 2021
has considerable persuasive value, I am afraid that in exercise of
jurisdiction under Section 482 of CrPC, I may not be in a position to
consider such a document. If it is a public document, the same can be
certainly taken note of. But it is not a public document. Therefore, the
petitioners will have to necessarily mark the same and prove it only
during trial. That apart, the other contention advanced by the learned
counsel for the petitioners also involves undertaking a probe into facts.
Therefore, leaving open the petitioners' defences, this criminal original
petition is dismissed. The petitioners are based in Kanchipuram. The
trial is taking place at Dindigul. If the petitioners are made to attend to
every hearing, they will be definitely put to considerable hardships.
Taking note of overall facts and circumstances, the personal appearance
of the petitioners before the Court below is dispensed with. However,
the Court below will insist on the personal appearance of the petitioners
only on three occasions namely, to answer the charge, for examination
under Section 313 of Cr.P.C., and at the time of pronouncing Judgment.
On all other occasions, the petitioners need not appear before the Court
below. However, on those occasions, the petitioners will have to be
represented by their counsel. If the petitioners' counsel is also absent, the
benefit of dispensing with the personal appearance of the petitioners will
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Crl.O.P(MD)No.16075 of 2021
stand automatically vacated. Consequently, connected miscellaneous
petitions are closed.
11.11.2021
Index :Yes/No
Internet : Yes/No
ias
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,
Dindigul Town,
Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.16075 of 2021
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.16075 of 2021
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.16075 of 2021
11.11.2021
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