Sudhakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN and Crl.M.P.(MD)No.7468 & 7469 of 2018 1.Sudhakaran 2.Kannan 3.Kanagalakshmi 4.Santhi 5.Prabhakaran ... Petitioners Vs.

1. State rep by Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

(In Crime No.26 of 2016) 2.Eswari ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in respect of the case in C.C.No.184 of 2017 on the file of the Judicial Magistrate Court, Aruppukottai, Virudhunagar District and to quash the same as illegal, violation of law.

For Petitioners : Mr.M.Jothi Basu For R-1 : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate(Crl.side)

O R D E R

This criminal original petition has been filed to quash the case in C.C.No.184 of 2017 on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, as illegal. 2.Today, when the petition is came up for hearing, the learned counsel appearing for the petitioners would submit that though this criminal original petition has been filed to quash the case in C.C.No.184 of 2017, now the petitioners have restricted their prayer only for early disposal. He would further submit that since the petitioners 2 to 5 are in-law of the second respondent, their personal appearance before the Trial Court may be dispensed with. 1/3

3.It is seen from the records that initially a case has been registered against these petitioners in crime No.26 of 2016 on the file of the first respondent police for the offence punishable under Sections 498(A), 506(i) IPC and Section 4 of Dowry Prohibition Act, 1961. It is not in dispute that the first petitioner is the husband of the second respondent and the petitioners 2 to 5 are in-laws of the second respondent. Further, petitioners 2 and 3 are the senior citizens and also the case is pending from the year 2017 on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District.

4.In the said circumstances, the restricted prayer sought for by the petitioners is reasonable one. Accordingly, considering the fact that the petitioners and the second respondent are having disputes in various Forums and also the said disputes are related to the matrimonial dispute, this Court directs the learned Judicial Magistrate, Aruppukottai, Virudhunagar District to dispose of the case in C.C.No.184 of 2017, within a period of four months from the date of receipt of a copy of this order. The personal appearance of the petitioners 2 to 5 is dispensed with, however, they have to appear before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, whenever their presence is required. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) gns 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 Court, Aruppukottai, Virudhunagar District 2/3

2. The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

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

04.08.2020 CS (18.08.2020) 3P 4C 3/3