Kamal Batchu vs The Inspector Of Police
2022 Latest Caselaw 682 Mad

                                                                  Crl.O.P.(MD)No.14051 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 11.01.2022

                                                      CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.14051 of 2021
                                                      and
                                      Crl.M.P.(MD)Nos.7368 & 7369 of 2021


                     Kamal Batchu                          ... Petitioner / Accused No.1



                                                         Vs

                     1.The Inspector of Police,
                       Uthamapalayam All Women Police Station,
                       Uthamapalayam Post,
                       Theni District.
                       (Crime No.2/2020)

                     2.Rabiya                                 ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records pertaining to the impugned charge
                     sheet in C.C.No.75 of 2021 on the file of the learned Judicial
                     Magistrate, Uthamapalayam, Theni District and quash the same.
                                  For Petitioner       : Mr.M.Karuppasamy Pandian
                                  For R1               : Mr.E.Antony Sahaya Prabahar
                                                         Additional Public Prosecutor




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https://www.mhc.tn.gov.in/judis
                                                                 Crl.O.P.(MD)No.14051 of 2021

                                                  ORDER

Heard the learned counsel appearing for the petitioner and

the learned Additional Public Prosecutor appearing for R1.

2. The petitioner is facing trial in C.C.No.75 of 2021 on

the file of the Judicial Magistrate, Uthamapalayam. It is a

matrimonial complaint. The petitioner is aged about 74 years. He

got married to the second respondent herein in the year 2019.

Though the second respondent alleged not only cruelty but also

demand of dowry, after enquiry, it was found that there was no

demand of dowry. Hence, charge sheet was filed only for the

offence under Section 498(A) of IPC. Cognizance of the offence

has also been taken. To quash the impugned proceedings, this

Criminal Original Petition came to be filed.

3. Though the petitioner's counsel reiterated all the

contentions set out in the memorandum of grounds, since

contentious facts are involved, I am not in a position to consider the

same. Leaving open the petitioner's defences, this criminal original

petition is dismissed.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14051 of 2021

4. However, taking note of the overall facts and

circumstances, the personal appearance of the petitioner before the

court below is dispensed with. The learned trial Magistrate shall

insist on the personal appearance of the petitioner only when it is

absolutely necessary and imperative. The petitioner 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

313 of Cr.P.C., and at the time of pronouncement of Judgment. On

all other occasions, the petitioner can be represented through his

counsel. Consequently, connected miscellaneous petitions are

closed.

11.01.2022

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14051 of 2021

G.R.SWAMINATHAN, J.

rmi

To

1.The Judicial Magistrate, Uthamapalayam, Theni District.

2.The Inspector of Police, Uthamapalayam All Women Police Station, Uthamapalayam Post, Theni District.

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

Crl.O.P(MD)No.14051 of 2022

11.01.2022

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