Madras High Court
) Gulafar Begum vs The State Rep. By on 23 September, 2021
Crl.O.P.No.21811 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.21811 of 2018
and
Crl.M.P.Nos.11997 & 11998 of 2018
1) Gulafar Begum.
W/o. Late. Mirza Gulam
2) Parveen Banu,
W/o. Anzar Ali .. Petitioners
Vs.
1. The State rep. by
The Sub Inspector of Police,
All Women Police Station,
Triplicane,
Chennai.
Crime No.1757 of 2018
2. Sharmila Banu,
W/o. Mohshin Khan .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
and quash the proceedings in C.C. No.1751 of 2018 as against the
petitioners, pending on the file of the Learned Chief Metropolitan
Magistrate Court, Allikulam, Chennai.
For Petitioners : Mr. N. A. Nissar Ahmed
For 1st Respondent : Mr.C.E.Pratap
Government Advocate(Crl.Side)
nd
For 2 Respondent : Mr. G. R. Hari
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21811 of 2018
ORDER
The petitioners have filed this petition seeking to call for the records
and quash the proceedings in C.C. No.1751 of 2018 as against the
petitioners, pending on the file of the Learned Chief Metropolitan
Magistrate Court, Allikulam, Chennai.
2. Though several grounds have been raised by the learned counsel
for the petitioner, however, this Court is of the opinion the issue is a triable
issue and the grounds raised by the counsel for the petitioners are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the petitioners to raise all the grounds
before the Court and the same shall be considered on its own merits and in
accordance with law. This Court is not inclined to interfere with the
proceedings pending before the Court below.
3. It is represented by the learned counsel appearing for the
petitioners that this Court may issue a direction to the Trial Court to
expedite the trial and complete the same as early as possible. He would
further submit that the appearance of the petitioners before the Trial Court
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21811 of 2018
may be dispensed with.
4. Accordingly, this petition is disposed of by directing the Trial
Court is directed to dispose of C.C. No.1757/2018 as expeditiously as
possible as per seniority of the case. The petitioners and respondents are
directed to co-operate with the trial court for the early completion of trial.
Further, taking into consideration the request as made by the learned
counsel for the petitioner, his appearance before the trial court is dispensed
with except for their appearance for the purpose of receiving the copy of the
proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section
313 Cr.P.C. and on the day on which judgment is to be pronounced.
However, if for any particular reason, the presence of the petitioners is
necessary, the trial court, at its wisdom, shall direct their appearance on
those days. Consequently, connected miscellaneous petitions, if any, are
closed.
23.09.2021
NHS
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21811 of 2018
To
1. The Sub Inspector of Police,
All Women Police Station,
Triplicane,
Chennai.
2. The Learned Chief Metropolitan Magistrate,
Allikulam,
Chennai.
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21811 of 2018
M.DHANDAPANI,J.
nhs
Crl.O.P.No.21811 of 2018 &
Crl.M.P.Nos.11997 & 11998 of 2018
23.09.2021
https://www.mhc.tn.gov.in/judis/
