Muthulakshmi vs Balu
2022 Latest Caselaw 18072 Mad

                                                                              Crl.O.P.(MD) No.5114 of 2020


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 07.12.2022

                                                      CORAM:

                         THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

                                         Crl.O.P.(MD) No.5114 of 2020
                                                     and
                                    Crl.M.P.(MD) Nos.2941 and 2943 of 2020

                Muthulakshmi,
                                                                                        : Petitioner

                                                        Vs

                Balu,
                                                                                     : Respondent


                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying

                this Court to call for the records in S.T.C.No. 08 of 2019, on the file of

                learned Judicial Magistrate, Kulithalai and quash the same.



                                     For Petitioner     : Mr.S.Krishnan


                                                      ORDER

This Criminal Original Petition had been filed seeking to quash the

charge sheet in S.T.C.No. 08 of 2019, on the file of learned Judicial

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.5114 of 2020

Magistrate, Kulithalai.

2.When the matter is taken up for hearing, the learned Counsel

appearing for the petitioner would submit that since the trial had already been

commenced. It would be suffice, if the trial Court is directed to dispose of the

case within a time stipulated.

3.Considering the submission made by the learned Counsel appearing

for the petitioner and also the fact that the trial in S.T.C.No.08 of 2019 is at

part heard stage, the learned Judicial Magistrate, Kulithalai, is directed to

complete the trial in S.T.C.No.08 of 2019 and dispose of the same as

expeditiously as possible, preferably, within a period of three months, from

the date of receipt of a copy of this order.

4.With the above direction, this Criminal Original Petition stands

disposed of.

5.Considering the facts and circumstances of the case, the personal

appearance of the petitioner before the trial Court is ordered to be dispensed

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.5114 of 2020

with, on conditions that she shall appear at the time of initial questioning,

proceedings under Section 313 of Cr.P.C., and at the time of passing judgment

and on the hearings, specifically directed by the trial court. The petitioner is

further directed to give an undertaking in the form of affidavit that she will be

duly represented by a counsel on all hearing dates and that the Counsel

representing her will cross examine the prosecution witnesses on the same

day they are examined in chief. The petitioner shall not dispute the identity of

the witnesses. The petitioner shall appear before the Court in the event her

presence is insisted by the trial judge for the purpose of identification. If the

petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for

her appearance and deal with the petitioner in accordance with the judgment

of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath

Singh, reported in 2001 (4) SCC 667.

6.Consequently, connected miscellaneous petitions are closed.

07.12.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order lr

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.5114 of 2020

To

1. The Judicial Magistrate, Kulithalai.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.5114 of 2020

K.MURALI SHANKAR, J.

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Crl.O.P.(MD) No.5114 of 2020

07.12.2022

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