R.Arockia Yesu vs The State Represented By
2022 Latest Caselaw 463 Mad

                                                                           Crl.O.P(MD)No.264 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 07.01.2022

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           Crl.O.P(MD)No.264 of 2022

                     R.Arockia Yesu                                      ... Petitioner
                                                         Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Thogamalai Police Station,
                       Karur District.
                       (Crime No.260 of 2021)

                     2.Jerold Amalraj                                    ... Respondents

                     Prayer: This Criminal Original Petition is filed under Section 482 of
                     Cr.P.C., to call for the entire records pertaining to the impugned
                     proceedings in C.C.No.115 of 2021 on the file of the learned Judicial
                     Magistrate Court, Kulithalai, Karur District and quash the same as far as
                     concerned this petitioner.


                                  For Petitioner       : Ms.K.Karpagam
                                  For Respondents : Mr.E.Antony Sahayar Prabahar,
                                                        Addl. Public Prosecutor for R1.




                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P(MD)No.264 of 2022


                                                        ORDER

Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor of the first respondent.

2.The petitioner is facing trial as third accused in C.C.No.115 of

2021 on the file of the learned Judicial Magistrate Court, Kulithalai,

Karur District.

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. She would submit

that at the time of the occurrence, only the petitioner's parents were

present while the petitioner was working elsewhere at Coimbatore. Since

the petitioner's family and the defacto complainant's family are having a

long pending civil dispute, the petitioner has been falsely implicated.

Though the contention advanced by the petitioner's counsel is quite

persuasive, in view contentious nature of facts involved, I cannot invoke

the inherent powers to grant relief to the petitioner. The petitioner has to

necessarily prove his innocence before the Court below.

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.264 of 2022

All the contentions of the petitioner are left open. This criminal original

petition is dismissed. However, taking note of the contentions advanced

by the learned counsel for the petitioner, the petitioner's appearance

before the Court below is dispensed. 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. The learned Judicial Magistrate is directed to

dispose of the case on merits and in accordance with law within a period

of six months from the date of receipt of a copy of this order. Such a

direction is given, since the petitioner's employment prospects may be

affect.

07.01.2022

Index :Yes/No Internet : Yes/No ias

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.264 of 2022

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, Kulithalai, Karur District.

2.The Inspector of Police, Thogamalai Police Station, Karur 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.264 of 2022

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.264 of 2022

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.264 of 2022

07.01.2022

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