Madras High Court
Sooraj vs The State Represented By on 4 February, 2022
Crl.O.P.(MD)No.2365 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.2365 of 2022
and
Crl.M.P(MD)Nos.1733 and 1735 of 2022
Sooraj ... Petitioner/
Accused No.2
Vs.
1.The State represented by
The Inspector of Police,
Arumanai Police Station,
Kanyakumari District.
(Crime No.246 of 2017) ... 1st Respondent/
Complainant
2.Deepa Gopal ... 2nd Respondent/
De-facto Complainant/
Victim
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.152 of 2018 on the file of
the learned Judicial Magistrate No.I, Kuzhithurai and quash the same in respect
of the petitioner as illegal.
For Petitioner : Mr.G.Anto Prince
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl.Side) for R.1
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.2365 of 2022
ORDER
This Criminal Original Petition has been filed to quash the impugned
proceedings.
2. The petitioner’s counsel reiterated all the contentions set out in the
memorandum of grounds.
3. Since contentious facts are involved, I am not in a position to go into
the same. However, the learned Judicial Magistrate No.I, Kuzhithurai, is
directed to conclude the case on merits and in accordance with law within a
period of three months after the physical hearings or trials resume.
4. 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 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 with
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2365 of 2022
the personal appearance of the petitioner will stand automatically vacated. All
the contentions of the petitioner are left open. This Criminal Original Petition
is disposed of, accordingly. Consequently, connected miscellaneous petitions
are closed.
04.02.2022
Index : Yes / No
Internet : Yes/ No
mga
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,
Arumanai Police Station,
Kanyakumari 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.2365 of 2022
G.R.SWAMINATHAN, J.
mga
Crl.O.P(MD)No.2365 of 2022
and
Crl.M.P(MD)Nos.1733 and 1735 of 2022
04.02.2022
https://www.mhc.tn.gov.in/judis
