Madras High Court
Saraswathi vs The State Rep By on 17 August, 2023
Crl.O.P.No.18300 of 2023
and Crl.M.P.nos.12148 and 12150 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.18300 of 2023
and Crl.M.P.Nos.12148 and 12150 of 2023
Saraswathi .. Petitioner
Versus
1. The State Rep by
The Inspector of Police,
Rasipuram Police Station,
Namakkal District.
2. Chithra .. Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for entire records pursuant to the C.C.No.119 of
2015 in Crime No.463 of 2014 on the file of Judicial Magistrate, Rasipuram
and quash the same insofar as the petitioner is concerned by allowing the
Criminal Original Petition.
For Petitioner : Mr.Krishnasamy Chinnasamy
For Respondents : Mr.A.Gopinath,
Government Advocate (Crl. Side),
for R1
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1/5
Crl.O.P.No.18300 of 2023
and Crl.M.P.nos.12148 and 12150 of 2023
ORDER
This petition has been filed seeking for a direction to quash the
C.C.No.119 of 2015 on the file of the learned Judicial Magistrate,
Rasipuram.
2. The grounds raised by the counsel for the petitioner are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the petitioner to raise all the grounds
before the Court below and the same shall be considered on its own merits
and in accordance with law. This Court is not inclined to interfere with the
proceedings pending before the Court below.
3. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioner is
dispensed with and she shall be represented by a counsel, who shall cross
examine the witnesses on the same day, they are examined in Chief. The
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18300 of 2023
and Crl.M.P.nos.12148 and 12150 of 2023
petitioner shall be present before the Court below at the time of questioning
under Section 240 of Cr.P.C., at the time of questioning under Section 313
of Cr.P.C., and at the time of passing of the final judgment.
4. Accordingly, this Criminal Original Petition is disposed off with a
direction to the Court below to complete the proceedings in C.C.No.119 of
2015 within a period of three months from the date of receipt of a copy of
this order. The trial shall be conducted on a day to day basis in accordance
with the guidelines given by Hon'ble Supreme Court reported in Vinod
Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner
adopts any dilatory tactics, it is open to the trial Court to insist upon the
presence of the petitioner and remand her to custody as per the judgment of
the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS.
SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently,
connected miscellaneous petitions are closed.
17.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18300 of 2023
and Crl.M.P.nos.12148 and 12150 of 2023
grs
To
1. The Judicial Magistrate,
Rasipuram.
2. The Inspector of Police,
Rasipuram Police Station,
Namakkal District.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18300 of 2023
and Crl.M.P.nos.12148 and 12150 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.18300 of 2023
and Crl.M.P.Nos.12148 and 12150 of 2023
17.08.2023
https://www.mhc.tn.gov.in/judis
