Madras High CourtCRL OP(MD)/19858/2022dismissed

Magariba v. The Inspector Of Police

2024-04-25Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024

CORAM:

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No. 19858 of 2022 and CrlMP(MD)Nos.13649 & 13651 of 2022 1.Magariba 2.Rahamathnisha 3.Anish Fathima ... Petitioners / Accused Vs.

1.The State Rep by The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.

(Crime No.2 of 2016) ... Respondent/Complainant 2.Meharana ... Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records relating to C.C.No.39 of 2017 pending on the file of the learned Judicial Magistrate, Pattukkottai and quash the same as illegal insofar as the petitioners are concerned.

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For Petitioners : Mr.B.Anandan For R1 : Mr.K.Samjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the C.C.No.39 of 2017 pending on the file of the learned Judicial Magistrate, Pattukkottai. 2.The learned counsel appearing for the petitioners would submit that he restricts his prayer only with regard to dispense the personal appearance of the petitioners before the Trial Court.

3.In view of the submission made by the learned counsel for the petitioner, the personal appearance of the petitioners is dispensed with except for their 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 petitioners are necessary, the trial court, at its wisdom, shall direct their appearance on those days.

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4.With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed. 25.04.2024 NCC : Yes/No Internet:Yes Index:Yes/No dss To 1.The Judicial Magistrate, Pattukkottai.

2.The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur 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. 19858 of 2022 and CrlMP(MD)Nos.13649 & 13651 of 2022 25.04.2024 4/4