Madras High CourtCRL OP(MD)/9749/2017disposed of

Puzhuandi v. The Inspector Of Police

2019-10-24Honourable Mr Justice N. Anand Venkatesh2 pages

CRL.O.P(MD)No.9749 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P(MD)No.9749 of 2017 and CRL.M.P(MD)Nos.6650 and 6651 of 2017 1.Puzhuandi 2.Rakkammal .. Petitioners/Accused Nos.1 and 2 Vs.

1.State rep. by The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

(Crime No.88/2016) .. 1st Respondent/Complainant 2.S.Ramaraja .. 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in S.T.C.No.1205 of 2016 on the file of the learned Judicial Magistrate Court, Rajapalayam, Virudhunagar and quash the same. For Petitioners : Mr.P.Krishnasamy For Respondents : Mr.K.Dinesh Babu for R1 Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in S.T.C.No.1205 of 2016, pending on the file of the learned Judicial Magistrate, Rajapalayam, Virudhunagar District, in Crime No.88 of 2016 on the file of the 1st Respondent and quash the same.

2. The various grounds raised by the learned counsel for the petitioners are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.9749 of 2017 the proceedings at this stage.

3. The learned counsel for the petitioners requested this Court to dispense with the presence of the second petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the second petitioner is dispensed with and she shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The second petitioner shall be present before the Court below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C.No.1205 of 2016, on the file of the Judicial Magistrate, Rajapalayam, Virudhunagar District, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) TM To 1.The Judicial Magistrate, Rajapalayam, Virudhunagar District. 2.The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

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

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