Madras High Court
S.Abubakkar vs The Inspector Of Police on 2 February, 2022
Crl.O.P(MD)No.1958 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.1958 of 2022
and
Crl.M.P.(MD)Nos.1427 and 1429 of 2022
S.Abubakkar ... Petitioner
Vs.
1.The Inspector of Police,
Silaiman Police Station,
Silaiman,
Madurai District.
(Crime No.269 of 2017)
2.Meenkashi ... Respondents
Prayer: This 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.410
of 2019 on the file of the learned Judicial Magistrate No.II, Madurai and
quash the same as against the petitioner.
For Petitioner : Mr.G.Karnan
For Respondents : Mr.E.Antony Sahaya Prabahar,
Addl. Public Prosecutor for R1.
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P(MD)No.1958 of 2022
ORDER
Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the first respondent.
2.The petitioner is facing trial in C.C.No.410 of 2019 on the file of
the Judicial Magistrate No.II, Madurai, for the offence under Section
304(A) of IPC.
3.The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds. Though they are
quite persuasive, in view of their contentious nature, I am not in a
position to consider the same on merits.
4.Leaving open the petitioner's defences and contentions, this
criminal original petition is dismissed. The petitioner is a senior citizen.
Therefore, the personal appearance of the petitioner before the Court
below is dispensed. However, the Court below will insist on the
personal appearance of the petitioner only on three occasions namely, to
answer the charge, for examination under Section 313 of CrPC and at the
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Crl.O.P(MD)No.1958 of 2022
time of pronouncing Judgment. On all other occasions, the petitioner
need not appear before the Court below. However, on those occasions,
the petitioner will have to be represented by her counsel. If the
petitioner's counsel is also absent, the benefit of dispensing with the
personal appearance of the petitioner will stand automatically vacated.
The learned trial Magistrate is directed to disposed of C.C.No.410 of
2019 on merits and in accordance with law within a period of four
months from the date of receipt of a copy of this order. 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 Judicial Magistrate No.II,
Madurai.
2.The Inspector of Police,
Silaiman Police Station,
Silaiman, Madurai 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.1958 of 2022
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.1958 of 2022
02.02.2022
https://www.mhc.tn.gov.in/judis
