Madras High Court
Kevin Rani vs State Rep. By on 3 February, 2022
Crl.O.P.(MD)No.2233 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.2233 of 2022
and
Crl.M.P.(MD).No.1637 of 2022
Kevin Rani ...Petitioner/
Sole Accused
Vs.
1.State Rep. by
The Inspector of Police,
Harbour Police Station,
Thoothukudi District. ...1st Respondent/
Complainant
2.J.Nevisammal ...2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records pertaining to the charge sheet in C.C.No.158 of 2018 on the file of
Judicial Magistrate No.II, Vilathikulam, Thoothukudi and quash the same as
illegal.
For Petitioner : Mr.S.M.Mohan Gandhi
For R1 : Mr.B.Thanga Aravindh
Government Advocate(Crl.Side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2233 of 2022
ORDER
Heard the learned counsel for the petitioner and the learned Government
Advocate for the first respondent.
2. This Criminal Original Petition has been filed to quash the impugned
proceedings.
3. The learned counsel reiterated all the contentions set out in the
memorandum of grounds.
4. Since in the statement recorded under 161 Cr.P.C., specific overt acts
have attributed to the petitioner, I am not in a position to consider the
contentions of the petitioner's counsel. Leaving open her defence, the Criminal
Original Petition is dismissed. I take note of the fact that the petitioner is a 50
years old woman.
5. 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
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Crl.O.P.(MD)No.2233 of 2022
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.
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 the
personal appearance of the petitioner will stand automatically vacated.
Consequently, the connected Miscellaneous Petition is 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,
Harbour Police Station,
Thoothukudi District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2233 of 2022
G.R.SWAMINATHAN, J.
sn
Crl.O.P.(MD)No.2233 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
