K.Sivaranjani v. The State Of Tamilnadu Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.1685 of 2019 and Crl.M.P.No.1059 of 2019 K.Sivaranjani ... Petitioner Vs.
The State of Tamil Nadu Represented by Drugs Inspector Chengalpattu-II Range, Kanchipuram Zone Chennai 600 006.
... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records in C.C.No.67 of 2018 on the file of the Chief Judicial Magistrate Court, Chengalpattu, Kancheepuram and quash the same. For Petitioner : Mr.Jayakumar for Mr.R.Arunkumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
This petition has been filed to call for the records in C.C.No.67 of 2018 on the file of the Chief Judicial Magistrate Court, Chengalpattu, Kancheepuram and quash the same.
2. Today, when the case came up for hearing, the learned Government Advocate (Crl.Side) submitted that for the show cause notice issued by the Drugs Inspector, a reply was given by the Doctor Mrs.K.Sivaranjani, which is available in Page No.27 of the typed set of papers furnished by the learned counsel for the Petitioner. He further submitted that the Petitioner herself has admitted the ingredients of the offence in her reply. Therefore, he vehemently objects to quash the complaint.
3. The learned counsel for the Petitioner invited attention of this Court to Page Nos.8 and 9 of the typed set of papers, wherein, the learned Chief Judicial Magistrate Court, https://hcservices.ecourts.gov.in/hcservices/
Chengalpattu, Kancheepuram has returned the complaint for not furnishing the name of the father of the accused and age of the accused. Therefore, he submitted that the complaint itself is not maintainable.
4. It is seen that the learned Government Advocate (Crl.Side) has stated that the Petitioner herself has admitted the offence in writing and the same was disputed by the Petitioner. The said submission of the learned counsel for the Petitioner is to be agitated by way of defense in the trial and not by exercising the discretionary power under Section 482 of Cr.P.C. In the light of the above, this petition is dismissed as not maintainable.
5. The learned Chief Judicial Magistrate Court, Chengalpattu, is directed to consider the petition if any filed on behalf of the Accused for exempting herself from personal appearance, since the identity is not disputed. The learned Judicial Magistrate Court, Chengalpattu is also directed to proceed with the trial and dispose of the same within a period of three months from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.The Chief Judicial Magistrate Court, Chengalpattu, Kancheepuram.
2.The Drugs Inspector Chengalpattu-II Range, Kanchipuram Zone Chennai 600 006.
3.The Public Prosecutor High Court, Madras.
Crl.O.P.No.1685 of 2019 and Crl.M.P.No.1059 of 2019 SKM(CO) SB(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/