Retna Kumar vs The State Rep. By
2022 Latest Caselaw 172 Mad

                                                              Crl.O.P.(MD)No.20898 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 04.01.2022

                                                  CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        Crl.O.P(MD)No.20898 of 2021
                                                    and
                                   Crl.M.P.(MD)Nos.12011 & 12012 of 2021


                     1.Retna Kumar

                     2.Jothimuthu Lakshmi                              ... Petitioners



                                                      Vs

                     1.The State rep. by
                       The Inspector of Police,
                       Panagudi Police Station,
                       Panagudi,
                       Tirunelveli District.
                       (Crime No.138 of 2018)

                     2.Subramanian                                     ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records in connection with Crime No.138
                     of 2018 on the file of the Inspector of Police, Panagudi Police
                     Station, Panagudi, Tirunelveli District and quash the same in respect
                     of the petitioners.



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https://www.mhc.tn.gov.in/judis
                                                                 Crl.O.P.(MD)No.20898 of 2021



                                  For Petitioners    : Mr.S.Palani Velayutham
                                  For R1             : Mr.E.Antony Sahaya Prabahar
                                                      Additional Public Prosecutor


                                                    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 proceedings in C.C.No.279 of 2019 on the file of the Judicial

Magistrate, Valliyoor.

3. The defacto complainant is the second respondent

herein. His categorical stand is that he had parted with a sum of

Rs.2,21,75,000/- to the petitioners herein for purchasing the land

belonging to them. After he parted with the consideration, he came

to know that the petitioners had entered into transaction in respect of

the same property with the third parties.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20898 of 2021

4. The learned Additional Public Prosecutor also would

point out that against the petitioners, three other cases of similar

nature are pending.

5. In view of these circumstances, it is not possible for this

Court to invoke its inherent powers to quash the impugned

proceedings. The petitioners have been specifically named by the

defacto complainant and overt acts have been attributed to them.

The defacto complainant has also set out as to how he had suffered a

huge wrongful loss. Therefore, this is not a case in which power

under Section 482 of Cr.P.C., can be invoked. Leaving open the

petitioner's defences and contentions, this Criminal Original Petition

is dismissed.

6. However, taking note of the overall facts and

circumstances, the personal appearance of the petitioners 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 to appear in person before the trial Court at the time of

answering the charges and at the time of examination under Section

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20898 of 2021

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.

04.01.2022

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 Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli 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.20898 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.20898 of 2021

04.01.2022

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