Madras High Court
P.Aravindaj vs The Inspector Of Police on 3 February, 2022
Crl.O.P.(MD)No.2316 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.2316 of 2022
and
Crl.M.P.(MD).Nos.1697 and 1698 of 2022
P.Aravindaj ...Petitioner/
Sole Accused
Vs.
1.The Inspector of Police,
All Women Police Station,
Paramakudi,
Ramanathapuram District.
(Crime No.5/2020) ...1st Respondent/
Complainant
2.Rukmani Devi ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records pertaining to the P R C No.25/2021 on the file of the learned
Judicial Magistrate, Parmakudi and quash the same.
For Petitioner : Mr.P.Mahendran
For R1 : Mr.B.Thanga Aravindh
Government Advocate(Crl.Side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2316 of 2022
ORDER
Heard the learned counsel for the petitioner and the learned Government
Advocate for the first respondent.
2. The petitioner is a practising lawyer. He has been an accused of having
committed rape. Hence at the instance of the second respondent, xxxxx, Crime
No.5 of 2020 was registered against the petitioner. Final report has been filed
and the committal proceedings are presently pending, at this stage quash
petition has been filed.
3. The petitioner's counsel drew my attention to the materials relied upon
the prosecution. I do find the contentions of the petitioner's counsel to be highly
persuasive. But in a case of this nature, in which contentious facts are involved,
it would not be proper to exercise jurisdiction under Section 482 Cr.P.C. I make
it clear that I have not gone into the merits of the matter. All the defences are
left open. Taking note of the over all facts and circumstances, the committal
Court is directed to conclude the committal proceedings as early as possible.
The Sessions Court/Trial Court shall not insist on the petitioner's appearance
except when it is absolutely necessary and imperative. The petitioner must
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2316 of 2022
appear at the time of framing charges, at the time of examining 313 Cr.P.C. and
at the time of pronouncement of Judgment. Of course, when the defacto
complainant is examined in chief, the petitioner has to be present. On other
occasions, the petitioner's absence will be condoned. It is only enough if the
petitioner's counsel appears. The trial Court shall also endeavour to conclude
the trial as expeditiously as possible. With these directions and observations,
the Criminal Original Petition is disposed of. Consequently, the connected
Miscellaneous Petitions are closed.
03.02.2022
sn
Index : Yes / No
Internet : Yes/ No
To
1.1.The Inspector of Police,
All Women Police Station,
Paramakudi,
Ramanathapuram District.
(Crime No.5/2020)
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2316 of 2022
G.R.SWAMINATHAN, J.
sn
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.
Crl.O.P.(MD)No.2316 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
