S.Pushpalatha vs State Rep. By Its
2023 Latest Caselaw 11293 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.19070 of 2023
                                         Crl.M.P.Nos.12761 & 12763 of 2023


                S.Pushpalatha                                                         ... Petitioner

                                                        Vs.

                1.State Rep. by its
                  The Inspector of Police,
                  W-9, AWPS Villivakkam,
                  (W-33, AWPS, Madavaram)
                  Chennai – 600 049.
                  (Crime No.29 of 2021)

                2.Meenakshi                                                         ...Respondents

                PRAYER : Criminal Original Petition filed under Section 482 of the Code of

                Criminal Procedure, to call for the records of the proceedings in Spl.S.C.No.139 of

                2022, pending on the file of the learned Mahila Court, Thiruvallur and quash the

                same.




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https://www.mhc.tn.gov.in/judis
                                  For Petitioner             : Mr.C.Iyapparaj for
                                                               Mr.K.Siva

                                  For Respondent             : Mr.A.Damodaran
                                                               Additional Public Prosecutor
                                                               for R1


                                                        ORDER

This petition has been filed to quash the proceedings in Spl.S.C.No.139 of

2022 pending on the file of the learned Mahila Court, Thiruvallur.

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. Accordingly, this Criminal Original Petition is dismissed with a direction

to the Court below to complete the proceedings in Spl.S.C.No.139 of 2022 on the

https://www.mhc.tn.gov.in/judis file of learned Mahila Court, Thiruvallur, 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 him 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.

25.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The Mahila Court, Thiruvallur.

2.The Inspector of Police, W-9, AWPS Villivakkam, (W-33, AWPS, Madavaram) Chennai – 600 049.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19070 of 2023 Crl.M.P.Nos.12761 & 12763 of 2023

25.08.2023

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