Moses vs The Inspector Of Police
2021 Latest Caselaw 23446 Mad

                                                           1         CRL.O.P.(MD)NO.18807 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 30.11.2021

                                                         CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P.(MD)No.18807 of 2021 and
                                      CRL.M.P.(MD)Nos.10427 & 10428 of 2021

                     1. Moses
                     2. Paul Charles @ Charles ... Petitioners / Accused 2 & 3

                                                               Vs.

                     State rep. By,
                     1. The Inspector of Police,
                        Kuruvikulam police station,
                        Kuruvikulam,
                        Tenkasi District.
                        (Crime No.298 of 2020) ... Respondent / Complainant

                     2. Ajith                             ... Respondent /
                                                                Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records relating to the
                     proceedings in C.C.No.180 of 2021 on the file of the Judicial
                     Magistrate, Sankarankovil in so far as the petitioners herein
                     and quash the same as illegal.


                                  For Petitioners    : Mr.V.Selvakumar
                                  For R-1            : Mr.T.Senthil Kumar,
                                                       Additional Public Prosecutor.

                                                       ***

https://www.mhc.tn.gov.in/judis
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                                                         2        CRL.O.P.(MD)NO.18807 OF 2021



                                                      ORDER

Heard the learned counsel on either side.

2. This criminal original petition has been filed for

quashing the proceedings in C.C.No.180 of 2021 on the file of

the Judicial Magistrate, Sankarankovil.

3. The petitioners' counsel reiterated all the contentions

set out in the memorandum of grounds.

4. As rightly pointed out by the learned Additional Public

Prosecutor, consideration of the aforesaid grounds would

invoke embarking on a factual probe. The Hon'ble Supreme

Court in a recent decision reported in AIR 2021 SC 1918

(Neeharika Infrastructure Pvt. Ltd., V. State of Maharashtra)

has held that the criminal proceedings ought not to be

scuttled by undertaking a factual analysis of the rival

contentions.

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

3 CRL.O.P.(MD)NO.18807 OF 2021

5. Therefore, leaving open the petitioners' contentions

and defences, this criminal original petition is dismissed.

Taking note of facts and circumstances of this case, the

personal appearance of the petitioners before the Court below

is dispensed with. However, the petitioners have to appear

before the Court below on the following three occasions:-

i) To answer the charges,

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

and

iii) at the time of pronouncement of Judgment.

The petitioners also will have to appear when their presence is

insisted upon by the trial Court and on all other occasions, the

petitioners can be represented by their counsel. If the

petitioners' counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                        30.11.2021

                     Index              : Yes / No
                     Internet           : Yes/ No
                     PMU

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.

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

4 CRL.O.P.(MD)NO.18807 OF 2021

G.R.SWAMINATHAN,J.

PMU

To:

1. The Judicial Magistrate, Sankarankovil.

2. The Inspector of Police, Kuruvikulam police station, Kuruvikulam, Tenkasi District.

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

Crl.O.P.(MD)No.18807 of 2021

30.11.2021

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