Periyasamy vs The Inspector Of Police
2022 Latest Caselaw 1298 Mad

                                                                       Crl.O.P(MD)No.1357 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 27.01.2022

                                                     CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.1357 of 2022
                                                     and
                                     Crl.M.P.(MD)Nos.1013 and 1015 of 2022

                     Periyasamy                                       ... Petitioner
                                                       Vs.

                     1.The Inspector of Police,
                       Manamadurai Police Station,
                       Manamadurai,
                       Sivagangai District.
                       (In Crime No.760 of 2020)

                     2.Selvi                                          ... Respondents


                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records and to quash the C.C.No.112 of 2021 on

                     the file of the Additional District Munsif Cum Judicial Magistrate,

                     Manamadurai, Sivagangai District and quash the same.


                                  For Petitioner     : Mr.A.Rajaram
                                  For Respondents : Mr.M.Sakthi Kumar,
                                                  Govt. Advocate (Crl. Side) for R1.



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                                                                               Crl.O.P(MD)No.1357 of 2022


                                                       ORDER

Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) for the first respondent.

2.This criminal original petition has been field to quash the

impugned proceedings in C.C.No.112 of 2021 on the file of the

Additional District Munsif Cum Judicial Magistrate, Manamadurai,

Sivagangai District. The petitioner is facing trial for the offences under

Sections 448 and 294(b) of IPC and Section 4 of Tamilnadu Prohibition

of Harassment of Women Act.

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. He would contend

that the impugned prosecution is a counter blast to the complaint given

by the petitioner herein. Though the contentions of the petitioner's

counsel are persuasive, since the facts are contentious in nature, I am not

in a position to invoke the power under Section 482 of CrPC.

4.Leaving open all the defences and contentions of the petitioner,

this criminal original petition is dismissed. However, taking note of the

overall facts and circumstances, the personal appearance of the petitioner

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Crl.O.P(MD)No.1357 of 2022

before the Court below is dispensed with. However, the Court below will

insist on the personal appearance of the petitioner only on three

occasions namely, to answer the charge, for examination under Section

313 of CrPC 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 the personal appearance of the petitioner will stand

automatically vacated. Consequently, connected miscellaneous petitions

are closed.

27.01.2022 Index :Yes/No Internet : Yes/No ias 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.Additional District Munsif Cum Judicial Magistrate, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

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

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

Crl.O.P(MD)No.1357 of 2022

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.1357 of 2022

27.01.2022

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