Manimegalai (F/A-53Y) A-4 vs State Rep.By
2023 Latest Caselaw 11924 Mad

                                                                                  Crl.O.P.No.19721 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 05.09.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.19721 of 2023
                                       and Crl.MP.Nos.13322 and 13324 of 2023


                Manimegalai (F/A-53Y) A-4
                W/o.Chandiran                                                 .. Petitioner/Accused-4

                                                        Vs.

                1.State rep.by
                  The Inspector of Police
                  District Crime Branch
                  Thiruvannamalai.

                2.The District Chief Educational Officer
                  Chief Education Office
                  Thiruvannamalai.                               .. Respondents/de facto Complainant



                PRAYER : Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records in C.C.No.66 of 2020, on the file of the
                learned Judicial Magistrate-I, Tiruvannamalai and quash the final report.




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https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.19721 of 2023

                                  For Petitioner              : Mr.M.Krishnamoorthy

                                  For Respondents             : Mr.A.Gopinath
                                                                Government Advocate



                                                         ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.66

of 2020, on the file of the learned Judicial Magistrate No.I, Thriuvannamalai.

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 Government Advocate (Crl. Side) submitted that the trial has

already commenced and P.W.1 and P.W.2 have already been examined and the

case is posted on 11.09.2023 for the examination of the other witnesses. This is

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19721 of 2023

yet another ground as to why this Court cannot entertain this Criminal Original

Petition.

4. 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 petitioner shall be present before the

Court below at the time of questioning under Section 313 Cr.P.C., and at the time

of passing of the final judgment.

5. Accordingly, this Criminal Original Petition is disposed off with a

direction to the Court below to complete the proceedings in C.C.No.66 of 2020

within a period of four 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19721 of 2023

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.

05.09.2023 Internet: Yes/No Index : Yes/No Neutral Citation: Yes/No KP

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19721 of 2023

To

1.The Inspector of Police District Crime Branch Thiruvannamalai.

2.The District Chief Educational Officer Chief Education Office Thiruvannamalai.

3. Judicial Magistrate-I Tiruvannamalai.

4.The Public Prosecutor High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19721 of 2023

N.ANAND VENKATESH, J

KP

Crl.O.P.No.19721 of 2023

05.09.2023

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