Madras High Court
Raju vs The State Represented By on 28 January, 2022
Crl.O.P.(MD)No.1524 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.1524 of 2022
and
Crl.M.P(MD)Nos.1103 & 1104 of 2022
1.Raju
2.Palaniyammal
3.Devaki
4.Sureshkumar
5.Mohanambal ... Petitioners/
Accused Nos.2 to 6
Vs.
1.The State represented by
The Inspector of Police,
All Woman Police Station,
Thallakulam,
Madurai City.
(Crime No.32 of 2018) ... 1st Respondent/
Complainant
2.Pandiselvi ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records relating to the charge sheet in C.C.No.90 of 2020 on the file of the
Additional Mahila Court, Madurai and quash the same as against the
petitioners/Accused Nos.2 to 6 are concerned.
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.1524 of 2022
For Petitioners : Mr.A.Thiyagarajan
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor for R.1
ORDER
Heard the learned counsel appearing for the petitioners and the learned
Additional Public Prosecutor appearing for the first respondent.
2. This Criminal Original Petition has been filed to quash the impugned
prosecution. It is a matrimonial case.
3. The petitioner’s counsel reiterated all the contentions set out in the
memorandum of grounds.
4. Since they are contentious in nature, it is not possible for this Court to
consider the same while exercising jurisdiction under Section 482 Cr.P.C.
Leaving open the petitioner’s defences, this Criminal Original Petition is
dismissed.
5.Taking into consideration the facts and circumstances of the case, the
personal appearance of the petitioners before the Court below shall stand
dispensed with. The Court below will insist on the personal appearance of the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1524 of 2022
petitioners 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 petitioners need not appear before the Court below.
However, on those occasions, the petitioners 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 petitioners will stand automatically vacated.
Consequently, connected miscellaneous petitions are closed.
28.01.2022
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. Additional Mahila Court,
Madurai.
2.The Inspector of Police,
All Woman Police Station,
Thallakulam,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1524 of 2022
G.R.SWAMINATHAN, J.
mga
Crl.O.P(MD)No.1524 of 2022
and
Crl.M.P(MD)Nos.1103 & 1104 of 2022
28.01.2022
https://www.mhc.tn.gov.in/judis
