Kovarthanambigai vs S.Selvan
2024 Latest Caselaw 4940 Mad

Madras High Court

Kovarthanambigai vs S.Selvan on 4 March, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                           Crl.O.P.(MD)No.2402 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 04.03.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                          Crl.O.P.(MD) No.2402 of 2022 and
                                       Crl.M.P.(MD).Nos.1763 and 1764 of 2022

                     Kovarthanambigai                                   ... Petitioner/Accused
                                                             Vs.
                     1.S.Selvan

                     2.The Sub Inspector of Police,
                      Keeranur Police Station,
                      Dindigul District.                                      ...Respondents


                     PRAYER: Criminal Original Petition is filed under Section 482 of

                     Cr.P.C, to call for the records in C.C.No.69 of 2021, on the file of the

                     learned Judicial Magistrate, Palani, and quash the same also the

                     cognizance order passed in Cr.M.P.No.1682/2020 dated 08.04.2021.

                                     For petitioner                : Mr.Adithya Vijayalayan N

                                     For R-2                       : Mr.P.Kottaichamy
                                                                    Government Advocate
                                                                    (Criminal Side)

                                     For R-1                   : Mr.G.Karuppasamy Pandian




https://www.mhc.tn.gov.in/judis
                     1/5
                                                                           Crl.O.P.(MD)No.2402 of 2022


                                                           ORDER

This petition has been filed seeking to quash the charge sheet in

C.C.No.69 of 2021 on the file of the learned Judicial Magistrate, Palani.

2. The case of the prosecution is that a private complaint has been

preferred by the first respondent under Section 156(3) Cr.P.C. in

Cr.M.P.No.1682 of 2020 and the same was taken cognizance in CC No.

69/2021. It is alleged in the private complaint that the petitioner is

defaming the name of the first respondent. Hence, the complaint.

3. The learned counsel for the petitioner would submit that though

a complaint has been preferred, the petitioner has nothing to do with the

alleged offence and prays for interference.

4. The learned Government Advocate (Crl. Side) would submit that

there are materials available to proceed with the case as against the

petitioner herein and at the threshold, the criminal proceedings cannot be

quashed and the charges against the petitioner have to be gone into only

at the time of trial and hence, he prayed for dismissal of the petition.

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

5. It is seen that the trial court has rightly taken the case on file and

this Court is of the considered view that no prejudice would be caused to

the petitioner, if she is subjected to due trial as sufficient opportunity

would be given to her to put forth her defence. The petitioner cannot be

let by quashing the charges framed against her as that would completely

undermine the alleged act, which is the subject matter of criminal trial

pending against him. Useful reference in this regard can be had to the

decision of the Hon’ble Apex Court in State of Haryana – Vs - Bhajan

Lal (1992 SCC (Crl.) 426).

6. For the reasons aforesaid, this Court finds no ground or scope to

quash C.C.No.69 of 2021, pending on the file of the learned Judicial

Magistrate, Palani. Accordingly, this petition, being devoid of merits, is

dismissed. Consequently, connected miscellaneous petitions are

dismissed.

7. The learned counsel appearing for the petitioner

submitted that this Court may consider dispensing with the personal

appearance of the petitioner before the court below. Taking into

consideration the request as made by the learned counsel for the

petitioner, the appearance of the petitioner before the trial court is https://www.mhc.tn.gov.in/judis

dispensed with except for her appearance for the purpose of receiving the

copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning

under Section 313 Cr.P.C. and on the day on which judgment is to be

pronounced. However, if for any particular reason, the presence of the

petitioner is necessary, the trial court, at its wisdom, shall direct her

appearance on those days.

04.03.2024 Index : Yes/No Internet : Yes/No RR To

1. The Judicial Magistrate, Palani

2.The Sub Inspector of Police, Keeranur Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

M.DHANDAPANI. J.

RR

04.03.2024

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