Madras High Court
D.Hemalatha vs State Rep. By on 10 July, 2023
Crl.O.P No.5914 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.5914 of 2022
and Crl.M.P.No.3286 of 2022
D.Hemalatha Petitioner
Vs.
1. State rep. By
The Inspector of Police,
H-5 New Washermenpet Police station,
Chennai 600 081.
2. Karpagam Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in C.C.No.172 of 2022 on the file
of the learned XV Metropolitan Magistrate, George Town, Chennai and
quash the same.
For Petitioner : Mr.J.Hari Krishna for
Mr.P.Prince Premkumar
For 1st Respondent : Mr.A.Gopinath
Government Advocate (Criminal Side)
For 2nd Respondent : Mr.M.Prem kumar
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P No.5914 of 2022
ORDER
This petition has been filed, seeking to quash the proceedings in
C.C.No.172 of 2022 pending on the file of the learned XV Metropolitan
Magistrate, George Town, Chennai.
2. The grounds raised by the learned 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.
4. 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 petitioner shall be present before the Court below
https://www.mhc.tn.gov.in/judis
Crl.O.P No.5914 of 2022
at the time of questioning under Section 313 Cr.P.C and at the time of
passing of the final judgement.
5. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in C.C.No.172 of
2022 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 also closed.
10.07.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
vum
N. ANAND VENKATESH, J.
https://www.mhc.tn.gov.in/judis
Crl.O.P No.5914 of 2022
vum
To
1. The Inspector of Police,
H-5 New Washermenpet Police station,
Chennai 600 081.
2. The XV Metropolitan Magistrate,
George Town, Chennai.
3. The Public Prosecutor,
High Court of Madras,
Madras.
Crl.O.P No.5914 of 2022
and Crl.M.P.No.3286 of 2022
10.07.2023
https://www.mhc.tn.gov.in/judis
