Subalakshmi vs The State Rep. By
2022 Latest Caselaw 1192 Mad

                                                                           Crl.O.P.(MD)No.1227 of 2022



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 25.01.2022

                                                      CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             Crl.O.P.(MD)No.1227 of 2022
                                                         and
                                         Crl.M.P.(MD)Nos.896 & 897 of 2022


                     1.Subalakshmi

                     2.Otchi Rani

                     3.Pandiyammal                           ... Petitioners / Accused Nos.4 to 6
                                                            vs.
                     1.The State rep. by
                       The Deputy Superintendent of Police,
                       Thirumangalam,
                       Madurai District.

                     2.The Inspector of Police,
                       Thirumangalam Taluk Police Station,
                       Madurai District.
                       (Cr.No.1461 of 2020)

                     3.Palaniyammal                                    ... Respondents
                     PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
                     call for the records in Spl.S.C.No.85 of 2021 on the file of the III
                     Additional District Court (PCR), Madurai and to quash the same against
                     the petitioners/ accused 4 to 6 concerned.
                                    For Petitioner    : Mr.S.Pandiyaraj
                                    For R1 & R2       : Mr.Thanga Aravindh
                                                         Government Advocate (Crl.)
https://www.mhc.tn.gov.in/judis
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                                                                                  Crl.O.P.(MD)No.1227 of 2022




                                                            ORDER

Heard the learned counsel appearing for the petitioners and the

learned Government Advocate (crl.side) appearing for the respondents 1

& 2.

2. The petitioners are facing trial in Spl.S.C.No.85 of 2021 on the

file of the III Additional District Court (PCR), Madurai.

3. The petitioner's counsel reiterated all the contentions set out in

the memorandum of grounds.

4. I am however not able to consider the same because of the

involvement of contentious facts. Leaving open the petitioner's defences,

this Criminal Original Petition is dismissed.

5. Since the petitioners are women, their personal appearance

before the court below is dispensed with. The learned trial Magistrate

shall insist on the personal appearance of the petitioners only when it is

absolutely necessary and imperative. The petitioners shall be called upon

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Crl.O.P.(MD)No.1227 of 2022

to appear in person before the trial Court at the time of answering the

charges and at the time of examination under Section 313 of Cr.P.C., and

at the time of pronouncement of Judgment. On all other occasions, the

petitioners can be represented through their counsel. Consequently,

connected miscellaneous petitions are closed.

25.01.2022

Index : Yes/No Internet : Yes/No rmi

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 III Additional District Court (PCR), Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai 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.1227 of 2022

G.R.SWAMINATHAN, J.

rmi

Crl.O.P.(MD)No.1227 of 2022

25.01.2022

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