Chandrasekar vs The State Rep. By
2022 Latest Caselaw 1780 Mad

                                                                              Crl.O.P.(MD)No.2383 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.2383 of 2022
                                                        and
                                       Crl.M.P.(MD).Nos.1754 and 1755 of 2022

                1.Chandrasekar
                2.Pachaiyammal                                           ...Petitioner/
                                                                            Accused No.1 and 2

                                                           Vs.
                1.The State Rep. by
                 The Inspector of Police,
                 Chinnalapatti Police Station,
                 Dindigul District.
                 (Crime No.138 of 2018)                                  ...Respondent/
                                                                            Complainant

                2.Eshwari                                                ...Respondent/
                                                                            Defacto Complainant

                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
                the entire records pertaining to the proceedings in C.C.No.38 of 2019 pending
                on the file of the learned District Munsif Cum Judicial Magistrate, Athoor,
                Dindigul District and quash the same as far as the petitioners are concerned.
                                  For Petitioners    : Mr.N.Balasubramaniam
                                  For R1             : Mr.B.Thanga Aravindh
                                                       Government Advocate(Crl.Side)



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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.2383 of 2022



                                               ORDER

The petitioner tried his luck before another learned Judge of this Court. It

was in vain. Cat may have nine lives. But not a quash petition that too on the

same set of facts and grounds. Of course, I am not on the issue of

maintainability. There is absolutely no case made out for entertaining a second

quash petition on the same cause of action.

2. It is, however, brought to my notice that there is a cross case in

S.T.C.No.19 of 2019 on the file of learned Judicial Magistrate, Athoor. The

Court below shall follow the procedure laid in Nathi lal's case for trying the

case and cross case. With this direction, the Criminal Original Petition is

dismissed.

3. Taking into consideration the facts and circumstances of the case, the

personal appearance of the petitioner before the Court below shall stand

dispensed with. The Court below will insist on the personal appearance of the

petitioner only on three occasions namely, to answer the charges, examination

under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all

other occasions, the petitioner need not appear before the Court below.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2383 of 2022

However, on those occasions, the petitioner will have to be represented by his

counsel. If the petitioner's counsel is also absent, the benefit of dispensing with

the personal appearance of the petitioner will stand automatically vacated.

Consequently, connected Miscellaneous Petitions are closed.

                                                                                          03.02.2022

                sn
                Index             : Yes / No
                Internet          : Yes/ No

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 Inspector of Police, Chinnalapatti Police Station, Dindigul District.

(Crime No.138 of 2018)

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2383 of 2022

G.R.SWAMINATHAN, J.

sn

Crl.O.P.(MD)No.2383 of 2022

03.02.2022

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