Ramanath Reddiar v. The Inspector Of Police

Crl.O.P(MD)No.16522 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.16522 of 2021 and Crl.M.P(MD)Nos.8911 and 8912 of 2021 1.Ramanathan Reddiar 2.Jayalakshmi 3.Vijayalakshmi 4.Soumya ... Petitioners/Accused Nos.2 to 5 Vs.

State Rep. by its 1.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

(Crime No.12 of 2019) ...1st Respondent/Complainant 2.Prasitha ...2nd Respondent/Defacto-Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in C.C.No.2150 of 2019 on the file of learned Additional Mahila Court, Trichy and quash the same insofar as the petitioner/A2 to A5 is concerned.

For Petitioners : Mr.B.Jameel Arasu For R1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in C.C.No.2150 of 2019 on the file of Additional Mahila Court, Trichy. It is a matrimonial case. The petitioners are inlaws of the de-facto complainant. 2.The learned counsel for the petitioners reiterated all the contentions set out in the memorandum of grounds and he called upon https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.16522 of 2021 this Court to quash the impugned proceedings. It is obvious that the contentions urged by the petitioner's counsel are factual in nature. They have to be necessarily established only in a regular trial. It is not a case in which the inherent powers of this Court can be invoked. Leaving open all the contentions and defences, these criminal original petitions stand dismissed. 3.However, taking note of the facts and circumstances of the case, the personal appearance of the petitioners is dispensed with before the court below. The learned trial judge shall insist on the appearance of the petitioners only on three occasions, namely, to answer the charges, for examination under Section 313 of Cr.P.C and at the time of pronouncement of judgment. On all other occasions, they can be represented by their counsel. If the counsel for the petitioners fails to appear, the benefit of this order will get automatically vacated.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AR(CO)) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/btr 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 Additional Mahila Court, Trichy.

2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

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

Crl.O.P(MD)No.16522of 2021 09.11.2021 AR(CO) KB(25.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2