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Madras High CourtCRL OP(MD)/3111/2019allowed

Sankarasubramanian v. The Inspector Of Police

2019-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3111 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3111 of 2019 and Crl.M.P.(MD)Nos.1739 & 1740 of 2019

1. Sankarasubramanian

2. Kalarani

...Petitioners

-Vs1.The Inspector of Police All Women Police Station, Cr No.6/2018, Sankarankovil, Tirunelveli District

2. Sankareswari ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records, in P.R.C.No.28 of 2018 on the file of the Judicial Magistrate, Sankarankovil, Tirunelveli District and to quash the same.

For Petitioners : Mr.J.Senthil Kumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed to quash the charge sheet in P.R.C.No.28 of 2018, pending on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District. 2.Heard both sides.

3.A careful perusal of entire materials available on record, the final report discloses a prima facie offence against the petitioners and there is no reason to interfere with the same. Hence, the criminal original petition is dismissed. However, considering the fact that the trial is pending from the year 2018, the learned learned Judicial Magistrate, Sankarankovil, Tirunelveli District, is directed to proceed with the trial and complete the same within a period of three months from the date of receipt of a copy of this order.

4.At this juncture, the learned Counsel for the petitioners submitted that the presence of the petitioners before the Trial Court may be dispensed with.

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Crl.O.P.(MD)No.3111 of 2019 5.Accepting the said submission, the personal appearance of the petitioners is dispensed with and they shall be represented by a counsel after filing appropriate application. The petitioners shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment.

6.Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Judicial Magistrate, Sankarankovil, Tirunelveli District.

2.The Inspector of Police All Women Police Station, Sankarankovil, Tirunelveli District.

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

+1 CC to M/s.J.SENTHILKUMAR, Advocate ( SR-87214[F] dated 17/09/2019 ) Crl.O.P.(MD)No.3111 of 2019 17.09.2019 KK/SAR/30.09.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2