V.Devi vs The Inspector Of Police
2021 Latest Caselaw 23131 Mad

                                                                  Crl.O.P.(MD)No.18450 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 25.11.2021

                                                     CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.18450 of 2021
                                                      and
                                     Crl.M.P.(MD)Nos.10164 &10165 of 2021

                     1.V.Devi

                     2.V.Kasimayan

                     3.V.Dhanabalan                                        ... Petitioners



                                                          Vs

                     1.The Inspector of Police,
                       Thirumangalam Town Police Station,
                       Thirumangalam Taluk,
                       Madurai.
                       Crime No.122/2020                                   ... Respondent

                     2.P.Kajendran                  ... Respondents / Defacto complainant

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to quash C.C.No.27 of 2021 on the file of the Judicial
                     Magistrate, Thirumangalam and quash the same.
                                  For Petitioners      : Mr.C.Ezhilarasu
                                  For R1               : Mr.T.Senthil Kumar
                                                       Additional Public Prosecutor

                    1/4
https://www.mhc.tn.gov.in/judis
                                                                  Crl.O.P.(MD)No.18450 of 2021




                                                  ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.27 of 2021 on the file of the Judicial

Magistrate, Thirumangalam.

2. The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds.

3. As rightly pointed out by the learned Additional Public

Prosecutor, consideration of the said contention would definitely

involve undertaking a factual probe. Under Section 482 of Cr.P.C., I

cannot do so. Leaving open the petitioners' defences and

contentions, this Criminal Original Petition is dismissed.

4. However, taking note of the overall facts and

circumstances, the personal appearance of the petitioners before the

court below is dispensed with. The learned trial Magistrate shall

insist on the personal appearance of the petitioners only when it is

absolutely necessary and imperative. The petitioners shall be called

upon to appear in person before the trial Court at the time of

answering the charges and at the time of examination under Section

313 of Cr.P.C., and at the time of pronouncement of Judgment. On

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18450 of 2021

all other occasions, the petitioners can be represented through their

counsel. Consequently, connected miscellaneous petitions are

closed.

25.11.2021

Index:Yes/No Internet:Yes/No rmi

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, Thirumangalam Town Police Station, Thirumangalam Taluk, Madurai.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18450 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.18450 of 2021

25.11.2021

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