Madras High CourtCRL OP(MD)/15715/2016disposed of

Arun Prakash v. The Inspector Of Police

2016-08-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.15715 of 2016 and Crl.M.P(MD)Nos.7492 and 7493 of 2016 1.Arun Prakash 2.Lavanya 3.Siva @ Anandan 4.Prema .. Petitioners/Accused 1 to 4 Vs.

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

(Crime No.16 of 2015) ..1st Respondent/Complainant 2.Vanitha .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the charge sheet in C.C.No.444 of 2015 on the file of the Judicial Magistrate No.I Karur District and quash the same as illegal. For Petitioners : Mr.N.Shanmugaselvam For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate.

(Criminal Side)

ORDER

This petition has been filed praying to quash the charge sheet filed in C.C.No.444 of 2015, pending on the file of the Judicial Magistrate No.I Karur District.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3.The learned counsel appearing for the petitioners would submit that as per direction given by this Court, the husband/first petitioner has handed over five sovereigns of gold jewels to the wife/defacto complainant and the complaint initiated against the petitioners is motivated and the petitioners 2 to 4 have unnecessarily been roped in in this case. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that already trial date has been fixed as 14.10.2016 and summons have also been served upon the witnesses.

5.Under such circumstances, the trial shall proceed on 14.10.2016. However, personal appearance of the petitioners 2 to 4 is dispensed with before the trial Court, except on occasions, where their appearance is indispensable.

6.The Criminal Original Petition is disposed of accordingly. Connected Crl.M.P(MD)No.7492 of 2016 is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To

1. The Judicial Magistrate No.I, Karur 2.The Inspector of Police, All Women Police Station, Karur District.

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

+One cc to Mr.N.Shanmugaselvam, Advocate, SR.No.47845 mj RL/5C/2P/KP/22/9/2016 Crl.O.P.(MD)No.15715 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/