Madras High CourtCRL OP(MD)/19136/2021dismissed

Sathiyamoorthy v. The Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.19136 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19136 of 2021 and CRL.M.P.(MD)Nos.10644 & 10646 of 2021

1. Sathiyamoorthi

2. Sellam

3. Petchiammal

4. Uma

5. Ravi

6. Vimala

7. Muthukumar ... Petitioners / Accused Nos.1,3 to 8 Vs.

1. The Inspector of Police, All Women police station, Theni, Theni District. ... 1st Respondent / Complainant

2. Uma ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the Charge Sheet in C.C.No.16 of 2021 dated 11.03.2020 on the file of the Additional Mahila Court(Judicial Magistrate Level), Theni in so far as the petitioners are concerned and quash the same as illegal. For Petitioners : Mr.M.Jerin Mathew For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : No appearance.

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash the impugned proceedings.

3. The petitioners' counsel reiterated all the contentions set out in the memorandum of grounds.

4. Since I cannot enter into contentious facts, this criminal original petition is dismissed. I make it clear that I have not gone into the merits of the matter. All the contentions and the defences of the petitioners are left open.

5. Taking note of the overall facts and circumstances, the personal appearance of the petitioners before the Court below is https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.19136 OF 2021 dispensed with. However, the petitioners have to appear before the Court below on the following three occasions:- i) To answer the charges, ii) at the time of examination under Section 313 of Cr.P.C. and iii) at the time of pronouncement of Judgment. The petitioners also will have to appear when their presence is insisted upon by the trial Court and on all other occasions, the petitioners can be represented by his counsel. If the petitioners' counsel also fails to appear, the benefit of this order will stand vacated automatically. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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 Judge (Judicial Magistrate Level), Theni.

2. The Inspector of Police, All Women police station, Theni, Theni District.

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

+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-1065[F] dated 10/01/2022 ) Crl.O.P.(MD)No.19136 of 2021 06.01.2022 MGJ(25.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2