Madras High CourtCRL OP(MD)/11481/2020disposed of

Srinivasan v. The Inspector Of Police

2020-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11481 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11481 of 2020 and Crl.M.P.(MD)Nos.5243 and 5244 of 2020 1.Srinivasan 2.A.Saravanan 3.Muthusundaram 4.Backiyaraj 5.Arumugam 6.Krishnan ... Petitioners/Accused 1 to 6 Vs.

1.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.447 of 2015.

...1st Respondent/Complainant 2.P.Kottaichamy ...2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the C.C.No.190 of 2019, pending on the file of the learned Judicial Magistrate Court, Manamadurai, Sivagangai District and to quash the said proceedings as against the petitioners.

For Petitioners : Mr.G.R.Satish For R1 : Mrs.S.E.Veronica Vincent, Government Advocate.

O R D E R

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

2.The petitioners are figuring as accused in C.C.No.190 of 2019 on the file of the Judicial Magistrate Court, Manamadurai, Sivagangai District. The petitioners' counsel reiterated all the contentions set out in the memorandum of the grounds. 3.I am afraid that I will have to undertake an investigation into the factual aspects, if the petitioners contentions are to be appreciated. Such a course of action is not permissible while exercising jurisdiction under Section 482 of Cr.P.C. Therefore, leaving open the petitioners' contentions, this Criminal Original Petition is disposed of.

https://hcservices.ecourts.gov.in/hcservices/ 4.The appearance of the petitioners before the Court below is 1/2

Crl.O.P.(MD)No.11481 of 2020 dispensed with. They have to appear only on those occasions when their appearance is necessary and imperative and on all other occasions, the petitioners can be represented through their counsel. If the counsel also fails to appear, then the benefit of this order will automatically get vacated. I make it clear that I have not gone into the merits of the matter. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate Court, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.G.R. SATISH, Advocate ( SR-20585[F] dated 20/10/2020 ) Crl.O.P.(MD)No.11481 of 2020 and Crl.M.P.(MD)Nos.5243 and 5244 of 2020 16.10.2020 sss(CO) KK(02.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2