P.Seruvalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD)Nos.15419 and 15420 of 2023 1.P.Seruvalingam 2.P.Periyasamy 3.Danalakshmi ... Petitioners Vs.

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

(Crime No.387 of 2021).

2.Pandeeswari ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to final report in C.C.No.68 of 2023 on the file of the Judicial Magistrate Additional Mahila Court, Sivagangai and quash the same.

For Petitioner : Mr.S.Leema Mary Savariraj For R1 : Mr.M.Vaikkam Karunanithi 1/4

Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.68 of 2023 on the file of the Judicial Magistrate Additional Mahila Court, Sivagangai.

2.The learned counsel for the petitioners would submit that though the petitioners sought to quash the proceedings pending against them, now he would restrict his prayer. Also submitted that the petitioners will be satisfied if their personal appearance before the trial Court is dispensed with.

3. Considering the fact that it is an issue between the family members and the defacto complainant is the wife of the petitioner, without going into the merits of this case, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, considering the submissions made by the learned counsel for the petitioners, their personal appearance before the trial Court is dispensed with the following condition: 2/4

(i)The petitioners shall appear before the learned Judicial Magistrate Additional Mahila Court, Sivagangai, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing their recent passport size photograph, to the effect that they will appear before the trial Court as and when required and must ensure their proper representation through Advocate.

21.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate Additional Mahila Court, Sivagangai. 2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District. (Crime No.387 of 2021).

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

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G.ILANGOVAN , J.

pnn 21.11.2023 4/4