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Madras High CourtCRL OP(MD)/891/2018dismissed

Rukmani Ammal, v. The Inspector Of Police,

2019-09-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.891 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.891 of 2018 and Crl.M.P.(MD)Nos.388 & 389 of 2018

1. Rukmani Ammal

2. Subbulakshmi

3. Jegadeesan

...Petitioners/ Accused Nos.2 to 4

-Vs1.The Inspector of Police, All Women Police Station, in Crime No.1/2016, Virudhunagar District.

... 1st Respondent/ complainant

2. S.Maheswari, ...2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the charge sheet in C.C.No.56 of 2017 on the file of Judicial Magistrate Court No.I, Virudhunagar, quash the same in so far as petitioners concern. For Petitioners : Mr.M.Subash Babu For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) For R2 : Mr.K.A.Raamakrishnan

O R D E R

This petition has been filed to quash the charge sheet in C.C.No.56 of 2017 on the file of Judicial Magistrate Court No.I, Virudhunagar.

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 2017, the learned Judicial Magistrate No.I, Virudhunagar, 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.891 of 2018 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.

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 To 1.The Judicial Magistrate No.I, Virudhunagar.

2.The Inspector of Police, All Women Police Station, Virudhunagar District..

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

+1 CC to M/s.SUBASHBABU, Advocate ( SR-85397[F] dated 05/09/2019 ) Crl.O.P.(MD)No.891 of 2018 04.09.2019 ls MS/24.09.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2