Madras High CourtCRL OP(MD)/4042/2020dismissed

Ramya v. The Sub Inspector Of Police

2020-03-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4042 of 2020 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4042 of 2020 and CRL.M.P.(MD)Nos.2245 & 2246 of 2020 Ramya ... Petitioner/Sole Accused Vs.

1. The State rep. by, The Sub Inspector of Police, Shencottai police station, Thenkasi.

... 1st Respondent/Complainant

2. Mariammal ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned charge sheet in S.T.C.No.2668 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Shencottai and quash the same. For Petitioner : Mr.V.Sasi Kumar For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side).

* * *

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in S.T.C.No.2668 of 2016 on the file of the District Munsif cum Judicial Magistrate, Shencottai.

2. The learned counsel appearing for the petitioner reiterated the contentions set out in the memorandum of grounds. They are rather factual in nature. They are not sufficient to invoke my inherent powers.

3. Leaving open all the contentions and the defences of the petitioner, the criminal original petition stands dismissed.

4. Taking note of the fact that the petitioner is a woman, her personal appearance before the Court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4042 of 2020 and 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 petitioner can be represented through her counsel. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS ) pmu To:

1. The District Munsif cum Judicial Magistrate, Shencottai.

2. The Sub Inspector of Police, Shencottai police station, Thenkasi.

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

+1CC to Mr.V.Sasikumar Advocate Sr/11437 Crl.O.P.(MD)No.4042 of 2020 11.03.2020 CN (11.05.2020) P2 C4 https://hcservices.ecourts.gov.in/hcservices/ 2/2