Manikandan vs The Inspector Of Police
2022 Latest Caselaw 374 Mad

                                                                              Crl.O.P(MD)No.172 of 2022


                           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.172 of 2022

                     Manikandan                                           ... Petitioner

                                                           Vs.

                     1.The Inspector of Police,
                       Allinagaram Police Station,
                       Theni.

                     2.Priya                                              ... Respondents

                     Prayer: This Criminal Original Petition is filed under Section 482 of
                     Cr.P.C., to quash the charge sheet pending against the petitioner/accused
                     in C.C.No.113 of 2019 on the file of the learned Judicial Magistrate
                     (Additional Mahila, Magistrate Level), Theni.


                                       For Petitioner    : Mr.R.Sevugaraja
                                       For Respondents : Mr.E.Antony Sahaya Prabahar,
                                                         Addl. Public Prosecutor for R1.


                                                        ORDER

Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the first respondent.

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Crl.O.P(MD)No.172 of 2022

2.The petitioner is facing trial in C.C.No.113 of 2019 on the file of

the Additional Mahila Court (Magisterial Level), Theni, for the offences

under Sections 294(b) and 506(ii) of IPC and Section 4 of Tamilnadu

Prohibition of Harassment of Woman Act, 2002.

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. His first contention

is that the petitioner was very much working in his employer's factory,

when the occurrence is said to have taken place. This plea of alibi is

purely factual and it has to be established before the trial Court. His

second contention is that the petitioner is having certain psychotic issues.

If that be so, materials to that effect can certainly be placed before the

Court below and the Court below, I am sure would take note of the same.

4.With these observations, this criminal petition is dismissed.

However, taking note of the overall facts and circumstances, the personal

appearance of the petitioner 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

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Crl.O.P(MD)No.172 of 2022

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.

06.01.2022

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.The Judicial Magistrate, Additional Mahila Court (Magisterial Level), Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni.

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

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

Crl.O.P(MD)No.172 of 2022

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.172 of 2022

06.01.2022

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