Madras High Court
Rajeswari vs V.Sahaya Jaculin on 29 March, 2022
Crl.O.P.(MD)No.5850 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:29/03/2022
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.5850 of 2019
and
Crl.MP(MD)No.3752 of 2019
Rajeswari : Petitioner/A4
Vs.
V.Sahaya Jaculin : Respondent/Complainant
Prayer: Criminal Original Petition is filed under
Section 482 Cr.P.C., to call for the records in CC No.244
of 2012 pending on the file of the Judicial Magistrate No.
2, Nagercoil and quash the same.
For Petitioner : Mr.A.Sarvanan
For Respondent : Mr.M.P.Senthil
O R D E R
This criminal original petition is filed seeking
quashment of the case in CC No.244 of 2012 pending on the
file of the Judicial Magistrate No.2, Nagercoil.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.5850 of 2019
2.The case of the respondent in brief:-
On 19/08/2007 at about 12.00 noon, the Inspector of
Police, attached to All Women Police Station contacted her
over phone and asked her to come to All Women Police
station, Nagercoil, in connection with the complaint given
by her husband. So, she went to the police station with her
mother and also with one Ambika at about 4.30 pm. The
accused persons arrived in the police station by two Cars,
A1 and A2 are in the police uniform and A2 took the
complainant to the Inspector of Police. When her mother
tried to accompany her, A2 prevented her mother. A2 called
A3 and A4 to the room. A1 threatened her to withdraw the
case in CC No.95 of 2015 pending on the file of the
Judicial Magistrate, Boothapandy, which was filed by her
against her husband and others. She also threatened the
complainant that the deceased gave a statement and the
accused took the jewels. But the complainant replied that
the jewels are in the hands of the accused persons. But
they started threatening her. She also assaulted and
insulted. A2 kicked her with her shoes and also assaulted
with hands. The private complaint filed by the respondent
was taken on file by the Judicial Magistrate No.2,
Nagercoil and assigned CC No.244 of 2012.
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Crl.O.P.(MD)No.5850 of 2019
3.Heard both sides.
4.On perusal of the records, it is seen that there was
a continuous dispute between the husband and wife, over the
matrimonial issue and because of that, more than one cases
have been registered and this private complaint was lodged
in 2008 and this petitioner has arrayed as A4.
5.Without going into the previous facts, let us
straightway go to the specific allegation that has been
made against this petitioner in the complaint.
6.In the complaint, it is stated by the respondent
that this petitioner also joined with the other accused
persons, abused her in filthy language and assaulted her
with hands repeatedly. They also tried to twist her hands
by holding her hands with their hands. This specific
allegation that has been made against the petitioner.
Whether this allegation is true or not is a matter for
consideration in this petition. But however, this petition
has been filed on the ground that absolutely, it is a mala
fide exercise on the part of the respondent in making
allegation against not only this petitioner, but also
against other accused persons.
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Crl.O.P.(MD)No.5850 of 2019
7.As mentioned earlier, perusal of the records shows
that more than one cases have been registered on the basis
of the complaint given by either parties. CC No.45 of 2005
was filed on the basis of the complaint given by this
respondent against several persons including her husband
and in-laws etc. The copy of the judgment is enclosed
herewith and this petitioner is arrayed as 4th accused in
the above said case. In that case, it was stated that on
02/02/2004, this accused also joined hands with the co-
accused and caused assault and demanded Rs.3,00,000/-. The
offences alleged are under sections 498-A, 406 IPC and
section 3,4 and 6 of Dowry Prohibition Act. All the
accused persons have been acquitted by the trial court, by
order, dated 30/10/2009. So it appears that during the
pendency of the above said trial process, the present
occurrence said to have been taken place in the police
station, on 19/08/2007. So on that ground, the learned
counsel appearing for the petitioner has stated that it is
a clear case of mala fide exercise of the private
vengeance. But she has produced the medical records, which
shows that she was taken to the hospital for treatment and
also stated the complaint pain before the Doctor. So, as
mentioned earlier, she was in physically assault in this
matter. On the ground of mala fide nature, this petitioner
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Crl.O.P.(MD)No.5850 of 2019
cannot be discharged.
8.The second ground, that is urged by the respondent
is that on the date of the occurrence, she was not
available in the police station, where the alleged
occurrence said to have been taken place, but was attending
the Camp arranged by the Primary Health Centre and was
staying in Department Health Centre from 19/08/2009 to
20/08/2009. Now the present occurrence said to have been
taken place, as mentioned earlier, on 19/08/2007 at about
12.00 noon. So the learned counsel appearing for the
respondent would submit that since the plea of alibi
raised, it can be tried only during the proceedings of the
trial and that cannot be considered at this stage. The plea
of alibi cannot be raised and decide, while considering the
petition filed under section 482 Cr.P.C. So I am of the
considered view that this is not a fittest case to quash
the criminal proceedings.
9.In the result, this criminal original petition is
dismissed. But however, considering the fact that the
petitioner is a working woman, her personal appearance is
dispensed with. Within 15 days from the date of receipt of
a copy of this order, the petitioner must appear before the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.5850 of 2019
trial court and file an undertaking affidavit that she will
appear as and when required by the court and she must
ensure that she is properly represented by an Advocate.
Since the case of the year 2012, the trial court is
directed to expedite the trial process and dispose the same
within a period of three months from the date of receipt of
a copy of this order and report the same to the Registry
forthwith. Consequently, connected Miscellaneous Petition
is closed.
29.03.2022
Internet:Yes/No
Index:Yes/No
er
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.5850 of 2019
G.ILANGOVAN,J.,
er
To,
Judicial Magistrate No.2,
Nagercoil.
Crl.O.P.(MD)No.5850 of 2019
29/03/2022
https://www.mhc.tn.gov.in/judis
