Madras High CourtCRL OP(MD)/5881/2018disposed of

Ms.R.Harisindhuja, 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.5881 of 2018 and Crl.M.P(MD).Nos. 2810 and 2811 of 2018 R. Harisindhuja .... Petitioner/Accused 4 Vs.

1. The State rep. by The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

2. R. Hema ... Respondents Prayer: This petition is filed under Section 482 Cr.P.C to call for the records in pertaining to the proceedings in C.C.No. 5 of 2018 on the file of the Judicial Magistrate Additional Mahila Court, Trichy and to quash the charge sheet as illegal. For Petitioner : Mr.S.C. Herold Singh For respondent No.1 : Mr. Prabu Ramachandran Government Advocate (Crl. Side)

O R D E R

The petitioner has filed this petition seeking quash of C.C.No.5 of 2018 on the file of Judicial Magistrate Additional Mahila Court, Trichy.

2. The offences with which the petitioner has been charged are under Sections 498(A), 406, 294(b), 506(i) and Section 4 of Prohibition of Harassment of Woman Act, 2002. It is seen that there are some averments against the petitioner in the complaint. Therefore, it is not possible for this Court to quash the proceedings as such. However, this Court is of the view that the following relief can be given to the petitioner: (a) The petitioner shall be asked to appear to answer the charges, at the time of examination under Section 313 Cr.P.C and at the time of pronouncement of Judgment.

(b) Except these three occasions, on all other occasions, the personal appearance of the petitioner shall not be insisted upon by the Trial Court. https://hcservices.ecourts.gov.in/hcservices/

However, the petitioner must be represented through his counsel.

(c) The petitioner is entitled to raise all her contentions, including the contentions raised in this Criminal Original Petition at the time of trial.

3. With the above observations, this Criminal Original Petition is disposed of.

Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate Additional Mahila Judge, Trichy

2. The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

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

Trp VB/KK/SAR2/25.04.2018/2P/4C Crl.O.P(MD).No.5881 of 2018 and Crl.M.P(MD).Nos. 2810 and 2811 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/