Madras High CourtCRL OP(MD)/1227/2022dismissed

Subalakshmi v. The Deputy Superintendent Of Police

2022-01-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1227 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1227 of 2022 and Crl.M.P.(MD)Nos.896 & 897 of 2022 1.Subalakshmi 2.Otchi Rani 3.Pandiyammal ... Petitioners / Accused Nos.4 to 6 vs.

1.The State rep. by The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

(Cr.No.1461 of 2020) ... Respondents/Complainant 3.Palaniyammal ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Spl.S.C.No.85 of 2021 on the file of the III Additional District Court (PCR), Madurai and to quash the same against the petitioners/ accused 4 to 6 concerned. For Petitioner : Mr.S.Pandiyaraj For R1 & R2 : Mr.Thanga Aravindh Government Advocate (Crl.)

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (crl.side) appearing for the respondents 1 & 2.

2. The petitioners are facing trial in Spl.S.C.No.85 of 2021 on the file of the III Additional District Court (PCR), Madurai.

3. The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.

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Crl.O.P.(MD)No.1227 of 2022

4. I am however not able to consider the same because of the involvement of contentious facts. Leaving open the petitioner's defences, this Criminal Original Petition is dismissed.

5. Since the petitioners are women, their personal appearance before the court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioners only when it is absolutely necessary and imperative. The petitioners shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioners can be represented through their counsel. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The III Additional District Court (PCR), Madurai. 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

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