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Madras High CourtCRL OP(MD)/11989/2023dismissed

Suganthi v. Pandiyammal

2026-02-06Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.02.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.11989 of 2023 and CRL MP(MD).No.9463 of 2023 1.Suganthi

2. Vinoba

3. Ragu ... Petitioners/ Accused Vs Pandiyammal ... Respondents/Complainant For Petitioners : Mr.S.Sivaprakash For Respondent : Mr.S.Ramu PRAYER :- This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.3 of 2023 on the file of the learned Judicial Magistrate No.1, Usilampatti as against the petitioners and quash the same.

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ORDER: The Court made the following order:- This Criminal Original Petition has been filed to call for the records in C.C.No.3 of 2023 on the file of the learned Judicial Magistrate No.1, Usilampatti and the quash the same.

2. The allegation against the petitioners is that the husband of the first petitioner, namely Yoganantham, who is serving as the Secretary of TELC Higher Secondary School, received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) from the defacto complainant in the presence of the petitioners, allegedly for the purpose of securing employment in the said school. Subsequently, the defacto complainant joined the school as a teacher; however, she was neither paid any salary nor appointed on a permanent basis. Aggrieved by the same, the defacto complainant lodged a complaint, which was registered pursuant to an order under Section 156(3) Cr.P.C. by the learned Judicial Magistrate No.I, Usilampatti.

3. Challenging the said proceedings, the present quash petition has been filed at the stage of admission.

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4. This Court had earlier granted an interim order dispensing with the personal appearance of the petitioners before the trial Court.

5. Admittedly, the petitioners are the legal heirs of one Yogananthan, who died on 13.07.2022. The petitioners are in no way connected with the alleged transactions. However, being the legal heirs of the deceased, they are presently facing trial. At this juncture, the quash petition cannot be entertained and the same is hereby dismissed. Consequently, the connected miscellaneous petition is closed.

6. The petitioners are directed to appear before the trial Court and face the trial.

7. It is further stated that the de facto complainant had paid a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the said Yogananthan, in the presence of the petitioners, in order to secure employment, and that the said amount was paid as illegal gratification, paying illegal gratification is also a crime as per law. . Therefore, the prosecution is 3/5

directed to take appropriate action against the de facto complainant in the manner known to law.

(S S Y J) 06.02.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm To

1. The learned Judicial Magistrate No.1, Usilampatti.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD)No.11989 of 2023 and CRL MP(MD).No.9463 of 2023 06.02.2026 5/5