Madras High CourtCRL OP(MD)/5017/2020dismissed

Sundararajan v. The Inspector Of Police

2020-03-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5017 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5017 of 2020 and Crl.M.P.(MD)Nos.2913 and 2914 of 2020 1.Sundararajan 2.Chinnamma ... Petitioners Vs 1.State Rep. by The Inspector of Police, All Women Police Station, Alangudi, Alangudi Taluk, Pudukkottai District.

(Crime No.03/2019) ... 1st Respondent/Complainant 2.Bharathiselvi ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the final report in C.C.No.07 of 2020 on the file of the Judicial Magistrate, Alangudi, Pudukkottai and quash the same as against the petitioner concerned. For Petitioners : Mr.K.Baalasundaram For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

This petition has been filed for quashing the impugned proceedings in C.C.No.07 of 2020 on the file of the Judicial Magistrate, Alangudi, Pudukkottai.

2.The petitioners are facing trial for the offences under Sections 498(A), 294(b), 323, 506(ii) of IPC and Section 4 of Dowry Prohibition Act, 1961.

3.The learned counsel appearing for the petitioners reiterated the contentions set out in the memorandum of grounds.

4. I am of the view that the petitioners will have to necessarily establish their innocence before the Court below. The contentions urged by the petitioner's counsel are not sufficient for invoking inherent powers of this Court for quashing the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5017 of 2020 proceedings. Leaving open the petitioner's contentions and defences, this criminal original petition stands dismissed. 5..Considering the overall facts and circumstances, the personal appearance of the petitioners before the Court below stands dispensed with. Of-course, the petitioners will have to appear on those occasions, when they are directed by the Court below or when it is imperative and necessary. On all other occasions, the petitioners can be represented by their counsel. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) rmi To

1. The Judicial Magistrate, Alangudi, Pudukkottai District.

2. The Inspector of Police, All Women Police Station, Alangudi, Alangudi Taluk, Pudukkottai District.

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

+1 CC to M/s.K.BAALASUNDARAM, Advocate ( SR-12626[F] dated 20/03/2020 ) Crl.O.P(MD)No.5017 of 2020 20.03.2020 MK (26.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2