Sathiyamoorthi vs The Inspector Of Police
2022 Latest Caselaw 372 Mad

                                                           1         CRL.O.P.(MD)NO.19136 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 06.01.2022

                                                         CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P.(MD)No.19136 of 2021 and
                                      CRL.M.P.(MD)Nos.10644 & 10646 of 2021

                     1.    Sathiyamoorthi
                     2.    Sellam
                     3.    Petchiammal
                     4.    Uma
                     5.    Ravi
                     6.    Vimala
                     7.    Muthukumar                ... Petitioners / Accused Nos.1,3 to 8
                                                               Vs.
                     1. The Inspector of Police,
                        All Women police station,
                        Theni,
                        Theni District.        ... 1st Respondent / Complainant

                     2. Uma                            ... 2nd Respondent /
                                                              Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records relating to the Charge
                     Sheet in C.C.No.16 of 2021 dated 11.03.2020 on the file of the
                     Additional Mahila Court(Judicial Magistrate Level), Theni in so
                     far as the petitioners are concerned and quash the same as
                     illegal.
                                  For Petitioners    : Mr.M.Jerin Mathew
                                  For R-1            : Mr.T.Senthil Kumar,
                                                       Additional Public Prosecutor.
                                  For R-2            : No appearance.

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                                                         2        CRL.O.P.(MD)NO.19136 OF 2021



                                                       ORDER

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash

the impugned proceedings.

3. The petitioners' counsel reiterated all the contentions

set out in the memorandum of grounds.

4. Since I cannot enter into contentious facts, this

criminal original petition is dismissed. I make it clear that I

have not gone into the merits of the matter. All the contentions

and the defences of the petitioners are left open.

5. Taking note of the overall facts and circumstances, the

personal appearance of the petitioners before the Court below

is dispensed with. However, the petitioners have to appear

before the Court below on the following three occasions:-

i) To answer the charges,

ii) at the time of examination under Section 313 of Cr.P.C.

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3 CRL.O.P.(MD)NO.19136 OF 2021

and

iii) at the time of pronouncement of Judgment.

The petitioners also will have to appear when their presence is

insisted upon by the trial Court and on all other occasions, the

petitioners can be represented by his counsel. If the

petitioners' counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                        06.01.2022

                     Index              : Yes / No
                     Internet           : Yes/ No
                     PMU

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 Additional Mahila Judge (Judicial Magistrate Level), Theni.

2. The Inspector of Police, All Women police station, Theni, Theni District.

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

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

4 CRL.O.P.(MD)NO.19136 OF 2021

G.R.SWAMINATHAN,J.

PMU

Crl.O.P.(MD)No.19136 of 2021

06.01.2022

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