Madras High CourtCRL OP(MD)/5582/2015dismissed

Moses Ponnaiah v. Keeba @ Dheepa

2019-10-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5582 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5582 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 Moses Ponnaiah ... Petitioner/Respondent Vs Keeba @ Dheepa ... Respondent/Petitioner PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in M.C.No.113 of 2014 on the file of the Judicial Magistrate Court No.1, Thoothukudi and quash the same. For Petitioner : Mr.S.C.Herold Singh For Respondent : No appearance

ORDER

The respondent herein filed M.C.No.113 of 2014 before the Judicial Magistrate Court No.1, Thoothukudi under Section 12 of Protection of Women from Domestic Violence Act, 2005. To quash the same, this criminal original petition has been filed.

2. I am of the view that the contentions urged in the memorandum of grounds are not sufficient to quash the impugned proceedings. They will have to establish their innocence only before the Court below in a regular trail. This criminal original petition stands dismissed.

3.However, taking note of the facts and circumstances, the personal appearance of the petitioner before the Court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. On all other occasions, the petitioner can be represented through their counsel. It is made clear that this Court has not gone into the merits of the matter. All the contentions and defences are left open. Consequently, connected https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5582 of 2015 miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) rmi To The Judicial Magistrate Court No.1, Thoothukudi. +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-91232[F] dated 04/10/2019 ) Crl.O.P(MD)No.5582 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 03.10.2019 JMN(04.11.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2