Radhakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No. 17379 of 2022 and Crl.M.P(MD).Nos.11762 and 11764 of 2022 Radhakrishnan ... Petitioner / Accused No.1 Vs.

1.The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

Crime No.39 of 2019.

... 1st Respondent / Complainant 2.Thangam ... 2nd Respondent / Defacto Complainant PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records relating with impugned charge sheet in C.C.No.160 of 2019 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District and quash the same as against the petitioner. For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/4

O R D E R

The petitioner has filed this petition seeking quash of C.C.No.160 of 2019 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District, against this petitioner.

2. The offences with which the petitioner has been charged are under Sections 147, 294(b), 435 and 506(2) IPC. It is seen that there are some averments against the petitioner in the complaint. Therefore, it is not possible for this Court to quash the proceedings as such.

3. Accordingly, this Criminal Original Petition is dismissed. However, the petitioner is given liberty to raise all his contentions, including the contentions raised in this Criminal Original Petition at the time of trial. Consequently, the connected Miscellaneous Petitions are closed.

4. In the circumstances, the learned counsel appearing for the petitioner seeks to dispense with the personal appearance of the petitioner before the trial Court.

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5. Taking into consideration of the request as made by the learned counsel for the petitioner, the appearance of the petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct those appearance on those days.

30.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dss To 1.The Judicial Magistrate, Devakottai, Sivagangai District.

2. The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

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

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A.A.NAKKIRAN, J.

dss Crl.O.P(MD).No. 17379 of 2022 and Crl.M.P(MD).Nos.11762 and 11764 of 2022 30.04.2024 4/4