N.Seethalakshmi, v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.5250 OF 2018 AND CRL.M.P.NOS.2593 AND 2594 OF 2018 N. Seethalakshmi ... Petitioner .Vs.

1. The State Represented by its Inspector of Police W-18 All Woman Police Sttion, MKB Nagar, Chennai (Crime No.01 /2012)

2. Mrs.A.Nalini ... 2nd Respondent/Complainant PRAYER:- Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the proceedings in C.C.No.3538 of 2011, on the file of X Metropolitan Magistrate Egmore at Allikulam, Chennai and to quash the same.

For Petitioners : Mr.R.Sampath Kumar For Respondent : Mr.C.E. Pratap Government Advocate(Crl. Side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 498(A), 406, 506(i) of Indian Penal Code.

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 petitioners 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. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and they 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 for receiving copies under Section 207 of Cr.P.C, for framing of charges, questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.166 of 2017 as expeditiously as possible. 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smn To

1. The X Metropolitan Magistrate Egmore at Allikulam, Chennai.

2. The Chief Metropolitan Magistrate, Egmore, Chennai - 8.

3. The Inspector of Police, W-18 All Woman Police Sttion, MKB Nagar, Chennai (Crime No.01 /2012)

4. The Public Prosecutor, High Court, Madras.

CRL.O.P NO.5250 OF 2018 AND CRL.M.P NOS.2593 AND 2594 OF 2018 RSV(CO) PBS/19/08/2021