P.Venugopal, Aged 38 Years, v. The Insepctor Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.559 of 2017 and Crl.M.P.Nos.406 & 407 of 2017

1. P.Venugopal

2. P.Shantha

3. Sailakshmi

4. Kalavathy

5. Rekhavathy ...Petitioners/Accused 1 to 5 Vs.

1. The Inspector of Police, All Women Police Station, Vellore.

... Respondent/Complainant

2. D.Jayanthi ...2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C to call for the records in C.C.No.538 of 2015, on the file of Judicial Magistrate, No-I, Vellore and to quash the same against the petitioners herein.

For Petitioners : Mr.A.Edwinprabakar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to call for the records in C.C.No.538 of 2015, on the file of the Judicial Magistrate, No-I, Vellore and quash the same.

2. The learned Additional Public Prosecutor on instructions submitted that Pw1 to Pw3 have already been examined and the case is posted for examination of further witnesses.

3. It is left open to the petitioners to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

4. The learned counsel for the petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners are 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 petitioners 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. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.538 of 2015, on the file of the learned Judicial Magistrate No-I, Vellore, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar msrm To 1.The learned Judicial Magistrate No-I, Vellore.

2.-do- Thro' The Chief Judicial Magistrate, Vellore.

3.The Inspector of Police, All Women Police Station, Vellore.

4.The Public Prosecutor, Madras High Court, Madras.

+2ccs to Mr.A.Edwin Prabakar, Advocate, S.R.No.56982 Crl.O.P.No.559 of 2017 and Crl.M.P.Nos.406 & 407 of 2017 SKV(CO) RRS(13/08/2019)