Mrs.R.Jayanthi vs Mrs.G.Rajeshwari
2021 Latest Caselaw 20574 Mad

                                                                                Crl.OP.No.29186/2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 06.10.2021

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                          Crl.OP.No.29186/2015 & MP.No.1/2015

                                                   [Video Conferencing]

                     Mrs.R.Jayanthi                                                     ... Petitioner

                                                           Versus

                     Mrs.G.Rajeshwari                                                  ... Respondent

                     Prayer : -       Criminal Original Petition filed under Section 482 of Cr.P.C.,
                     to call for the records in STC.No.8913/2013 on the file of the learned
                     Judicial Magistrate, Tambaram, quash the proceedings therein.

                                      For Petitioner            :    Mr.L.Ramu
                                      For Respondent            :    Mr.J.Thilak Raj


                                                          ORDER

(1) The petition has been filed seeking to interfere with the further

progress of STC.No.8913/2013 pending on the file of the learned

Judicial Magistrate, Tambaram.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.29186/2015

(2) The petitioner is the accused in the said STC.No.8913/2013.

(3) Heard Mr.L.Ramu, learned counsel for the petitioner and Mr.J.Thilak

Raj, learned counsel for the respondent.

(4) It is the contention of the learned counsel for the petitioner/accused

that the complaint is bereft of material details and therefore, seeks

interference of this Court with further progress of the said case.

(5) However, it is the contention of the learned counsel for the

respondent/defacto complainant that the defacto complainant had

already grazed the witness box and at the time of cross examination,

the present petition has been filed.

(6) An opportunity must be granted to the petitioner/accused to raise all

issues during the course of cross examination of the 2nd respondent /

defacto complainant and the learned Judicial Magistrate, Tambram,

may appreciate the evidence in its proper perspective and pass a

judgment accordingly.

(7) Let me not delve into the facts and let me not observe any fact also.

Let the parties handle the issues in the witness box and the learned

counsels may conduct trial.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.29186/2015

(8) With those observations the Criminal Original Petition stands

dismissed, directing both the parties, viz., the petitioner/accused and

the respondent/defacto complainant, to go back to the Trial Court and

participate in the trial proceedings. The learned Judicial Magistrate,

Tambaram, may make every endeavour to dispose of

STC.No.8913/2013 on or before 31.01.2022. Consequently,

connected miscellaneous petition is closed.

                                                                                           06.10.2021
                     AP
                     Internet        : Yes

                     To

                     1.The Judicial Magistrate
                       Tambaram.

                     2.The Public Prosecutor
                       High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.29186/2015

C.V.KARTHIKEYAN, J.,

AP

Crl.OP.No.29186/2015

06.10.2021

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