Selva Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.15191 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.Selva Kumar 2.Muthu Lakshmi ... Petitioners/Accused 1 & 2 Vs 1.The State represented by, The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.
...Respondent/Complainant
2.Bhuvaneswari ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the entire records pertaining to the case in C.C.No.37 of 2015 on the file of the learned Judicial Magistrate, Tenkasi, Tirunelveli Dsitrict and quash the same. For Petitioners : Mr.R.Anand For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.D.Venkatesh
ORDER
The petitioner is facing trial in C.C.No.37 of 2015 on the file of the Judicial Magistrate, Tenkasi, for the offences under Sections 294(b), 406 and 498(A) of IPC.
2. The second respondent herein is the defacto complainant. The first petitioner herein is the husband, while the second petitioner is the mother-in-law. The grounds urged by the learned counsel appearing for the petitioners are not sufficient for invoking the inherent powers of this Court. The petitioners will have to necessarily establish their innocence before the Court below in a regular trial. Therefore, leaving open all the contentions and defences, this criminal original petitions stands dismissed. https://hcservices.ecourts.gov.in/hcservices/
3.Considering the facts and circumstances of the case, the personal appearance of the petitioners are dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioners only when it is absolutely necessary and imperative. The petitioners shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioners can be represented through their counsel. It is made clear that this Court has not gone into the merits of the matter. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.
2.The Judicial Magistrate, Tenkasi, Tirunelveli Dsitrict.
+1 CC to M/s.D. VENKATESH, Advocate ( SR-100062[F] dated 21/11/2019 ) Crl.O.P(MD)No.15191 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 20.11.2019 AP(02/06/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/