Madras High CourtCRL OP(MD)/4022/2020dismissed

Senthil Kumar v. Yamuna Kutti

2020-03-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4022 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4022 of 2020 and Crl.M.P.(MD)Nos.2224 and 2226 of 2020 1.Senthil Kumar 2.Rajendhiran 3.Amsa ... Petitioners Vs Yamuna Kutti ... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the D.V.O.P.No.02 of 2020 pending on the file of the learned Judicial Magistrate Court, Rajapalayam, Virudhunagar District and quash the proceedings as against the petitioners herein.

For Petitioner : M/s.K.Malathi

ORDER

This criminal original petition has been filed for quashing the impugned proceedings in D.V.O.P.No.02 of 2020 on the file of the Judicial Magistrate Court, Rajapalayam.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the memorandum of grounds. 3.None of them are sufficient in invoking jurisdiction of this Court under Section 482 of Cr.P.C., for quashing the impugned proceedings.

4.However, taking note of the other aspects relied upon by the petitioner's counsel, the personal appearance of the petitioners before the Court below stands dispensed with. The petitioners will have to appear as and when they are directed by the Court below and on those occasions, the petitioners are absent, they will have to be necessarily represented by their counsel.

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Crl.O.P.(MD)No.4022 of 2020

5. With this relief to the petitioners, this criminal original petition stands dismissed. It is made clear that this Court has not gone into the merits of the matter. The defences of the petitioners are left open.

Consequently, connected miscellaneous petitions are closed.

Sd/- ASSISTANT REGISTRAR(ADI) TRUE COPY / /2020 SUB ASSISTANT REGISTRAR(CS) rmi To The Judicial Magistrate Court, Rajapalayam, Virudhunagar District.

+1 CC to M/s.K.MALATHI, Advocate ( SR-10078[F] dated 04/03/2020 ) Crl.O.P(MD)No.4022 of 2020 and Crl.M.P.(MD)Nos.2224 and 2226 of 2020 04.03.2020 MKB(16.03.2020)/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/4