Madras High CourtCRL OP(MD)/5308/2018disposed of

Malar v. The Inspector Of Police

2018-04-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.5308 of 2018 and Crl.M.P.(MD)Nos.2569 and 2570 of 2018 1.Malar 2.Kumar ... Petitioners/Accused 2 and 3 Vs.

1.State Rep. by The Inspector of Police, All Women Police Station, Dindigul.

(Crime No.43/2015) ... 1st Respondent/Complainant 2.Shalini ...2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Charge Sheet in C.C.No.507 of 2016 on the file of the Judicial Magistrate Court No.II, Dindigul and quash the same as illegal. For Petitioners : Mr.C.Mayil Vahana Rajendran For R1 : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

ORDER

The petitioners are figuring as Accused Nos.2 and 3 in C.C.No.507 of 2016 on the file of the Judicial Magistrate Court No.II, Dindigul. They seek quashing of the impugned proceedings. 2.It is seen that there are averments made against the petitioners in the statements recorded under Section 161(3) Cr.P.C. Therefore, it is not possible to quash the impugned prosecution, but some relief can be given to them. The petitioners are residing at Chennai. Therefore, they need to personally appear before the Court to answer the charges, at the time of examination under Section 313 Cr.P.C. and again at the time of pronouncing judgment and on other occasions, normally their presence shall not be insisted upon. Their personal appearance is dispensed with and on their behalf, their counsel should appear before the Trial Court. The petitioner shall be at liberty to raise all the contentions put forth in this Criminal Original Petition before the Trial Court.

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3.This Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Dindigul.

2.The Inspector of Police, All Women Police Station, Dindigul.

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

+1cc to Mr.C.MAYILVAHANA RAJENDRAN, Advocate, SR.No.61258 Crl.O.P.(MD)No.5308 of 2018 and Crl.M.P.(MD)Nos.2569 and 2570 of 2018 13.04.2018 SMN2 KK/SV MMS/07.05.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/