Madras High CourtCRL OP(MD)/1247/2016withdrawn dismissed

Durairaj v. The Inspector Of Police

2020-01-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1247 of 2016 and Crl.M.P.(MD)Nos.620 and 621 of 2016 1.Durairaj 2.Andal ... Petitioners/Accused 1 & 2 Vs 1.The State represented by, The Inspector of Police, Kadayam Police Station, Tirunelveli District.

(Crime No.471 of 2013).

...1st Respondent/Complainant 2.Porul Selvi ...2nd Respondent/Defacto Complainant 3.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veedhi, Race Course Road, Madurai.

...3rd Respondents (R3 impleaded as per order of this Court made in Crl.M.P.(MD)No.8351/17 in Crl.O.P.(MD)No.12471/16, dated 5.10.2017) PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the entire records pertaining to the case in C.C.No.169 of 2015 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelvlei District and quash the same. For Petitioner : Mr.P.Saravanan For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.J.Lawrance For R3 : Mr.Jeyakumaran

ORDER

The learned counsel appearing for the petitioners seeks leave to withdraw this petition with liberty to raise all his defence in the trial and he has also made an endorsement to that effect. Liberty is granted.

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2.In view of the above, this criminal original petition is dismissed as withdrawn. The second petitioner is a woman. She is said to be working.

Therefore, her personal appearance before the Court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the second petitioner only when it is absolutely necessary and imperative. The second petitioner 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 second 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 miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

+1 CC to M/s.J.LAWRENCE, Advocate ( SR-2511[F] dated 23/01/2020 ) +1 CC to M/s.R.ANAND, Advocate ( SR-2687[F] dated 23/01/2020 ) Crl.O.P(MD)No.1247 of 2016 and Crl.M.P.(MD)Nos.620 and 621 of 2016 21.01.2020 AP(02/06/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/