Aravind Kumar v. The Sub Inspector Of Police

Crl.O.P.(MD)No.18851 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18851 of 2021 and Crl.M.P.(MD)Nos.10505 & 10506 of 2021 1.Aravind Kumar 2.Alagar 3.Chandra 4.Asaithambi 5.Maragathavalli ... Petitioners/Accused Nos.1 to 5 vs.

1.The Sub Inspector of Police, All Women Police Station, Karaikudi, Crime No.11 of 2015 ... Respondent/Complainant 2.Shobana ... Respondent/defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings of the impugned final report in C.C.No.152 of 2015 on the file of the Judicial Magistrate, Karaikudi, Sivagangai District in respect of the petitioners.

For Petitioners : Mr.RM.Arun Swaminathan For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.152 of 2015 on the file of the Judicial Magistrate, Karaikudi.

2. It is stated that the case against the sixth accused has already been split up. Leaving open the petitioners' defences and contentions, this Criminal Original Petition is dismissed. The learned trial Magistrate is directed to conclude C.C.No.152 of 2015 on merits and in accordance with law within a period of two 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.18851 of 2021

3. However, taking note of the overall facts and circumstances, the personal appearance of the petitioners before the court below is 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 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. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Judicial Magistrate, Karaikudi, Sivagangai District. 2.The Sub Inspector of Police, All Women Police Station, Karaikudi.

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

Crl.O.P.(MD)No.18851 of 2021 01.12.2021 USK (10.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2