C. Priyadharshini v. Chellammal

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.754 and 755 of 2018 C.Priyadharshini ... Petitioner / Accused No.2 Vs.

Chellammal ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in C.C.No.13 of 2018 on the file of the District Munsif Cum Judicial Magistrate, Thiruvadanai, Ramanathapuram District and quash the same insofar as the petitioner concerned.

For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.D.Venkatesh

O R D E R

This petition has been filed to quash the proceedings in C.C.No.13 of 2018 on the file of the District Munsif Cum Judicial Magistrate, Thiruvadanai, Ramanathapuram District as against the petitioner.

2. Heard both sides.

3. A careful perusal of entire materials available on record, the charge sheet discloses a prima facie offence against the petitioner and there is no reason to interfere with the same. It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:- "12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in 1/3

the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.

13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.

4. Hence, the criminal original petition is dismissed. However, considering the fact that the trial is pending from the year 2018, the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, is directed to proceed with the trial and complete the same within a period of six months from the date of receipt of a copy of this order.

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

6. Accepting the said submission, the personal appearance of the petitioner is dispensed with and he shall be represented by a counsel after filing appropriate application. The petitioner 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.

7. Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar vsd To 1.The District Munsif Cum Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

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

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+1 CC to M/s.D.VENKATESH, Advocate ( SR-90013[F] dated 27/09/2019 ) +1 CC to M/s.RM.ARUN SWAMINATHAN, Advocate ( SR-89431[F] dated 26/09/2019 ) and Crl.M.P.(MD)Nos.754 and 755 of 2018 25.09.2019 JM/18.10.2019/3P/5C 3/3