Madras High Court
Basith vs The State Rep By on 2 February, 2022
Crl.O.P(MD)No.2067 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2022
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.2067 of 2022
and
Crl.M.P.(MD)Nos.1527 and 1529 of 2022
1.Basith
2.Seithu Salahudeen @ Salavudeen
3.Sabiya Begam @ Sabiya Beevi
4.Sulaikamumma @ Sulaiga Beevi ... Petitioners
Vs.
1.The State rep by,
The Inspector of Police,
Valinokkam Police Station,
Ramanathapuram District.
(Crime No.63 of 2021)
2.Nilobar Nisha ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records of impugned charge sheet in C.C.No.115
of 2021 on the file of the learned District Munsif Cum Judicial
Magistrate, Kadaladi, Ramanathapuram District and quash the same
against the petitioners as illegal.
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1/4
Crl.O.P(MD)No.2067 of 2022
For Petitioners : Mr.S.M.A.Jinnah
For Respondents : Mr.E.Antony Sahaya Prabahar,
Addl. Public Prosecutor for R1.
ORDER
The petitioners are facing trial in C.C.No.115 of 2021 on the file
of Judicial Magistrate, Kadaladi.
2.The learned counsel appearing for the petitioners raised a host of
contentions. I find quite a few of them to be highly persuasive. In
particular, the point that the complaint was belatedly given and that the
complainant initially agreed to withdraw the complaint in the station
itself do find favour with me. Yet I am afraid that in exercise of power
under Section 482 of CrPC, I cannot take up the case on merits.
Therefore, leaving open the petitioners' contentions and defences, this
criminal original petition is dismissed. However taking note of the
overall facts and circumstances, the personal appearance of the
petitioners before the Court below is dispensed with. However, the
Court below will insist on the personal appearance of the petitioners only
on three occasions namely, to answer the charge, for examination under
Section 313 of CrPC and at the time of pronouncing Judgment. On all
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Crl.O.P(MD)No.2067 of 2022
other occasions, the petitioners need not appear before the Court below.
However, on those occasions, the petitioners will have to be represented
by their counsel. If the petitioners' counsel is also absent, the benefit of
dispensing with the personal appearance of the petitioners will stand
automatically vacated. Consequently, connected miscellaneous petitions
are closed.
02.02.2022
Index :Yes/No
Internet : Yes/No
ias
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 District Munsif Cum Judicial Magistrate,
Kadalai,
Ramanathapuram District.
2.The Inspector of Police,
Valinokkam Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.2067 of 2022
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.2067 of 2022
02.02.2022
https://www.mhc.tn.gov.in/judis
