Madras High CourtCRL OP(MD)/20026/2013disposed of

R. Radhakrishnan v. The Inspector Of Police

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20026 of 2013 and M.P.(MD)No.1 of 2013 1.R.Radhakrishnan 2.Ramasamy 3.Subbulakshmi ... Petitioners/A1 to A3 Vs.

1. The State Rep. by The Inspector of Police, All Women Police Station, Virudhunagar.

(Crime No.16/2012) ... 1st Respondent/Complainant

2. R.Geetha ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in C.C.No.82 of 2013 on the file of the Judicial Magistrate Court No.II, Virudhunagar and quash the same. For Petitioners : Mr.M.Karunanithi For R1 : Mr.A.Robinson Government Advocate (Criminal side) For R2 : Mr.Jeyakarthick

ORDER

The petitioners are the husband and in-laws of the second respondent herein/de-facto complainant. The criminal prosecution initiated by the second respondent has now culminated in C.C.No.82 of 2013 on the file of the Judicial Magistrate Court No.II, Virudhunagar. The petitioners herein want the said prosecution to be quashed.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is seen that there are materials to implicate the petitioners herein. Therefore, this Court is not inclined to

allow this Criminal Original Petition. But, considering the facts and circumstances, the relief with regard to exemption of their personal appearance can be granted. It is made clear that the petitioners shall appear before the Magistrate only at the time of framing charges, examination of the accused under Section 313 Cr.P.C. and pronouncing the judgment and the personal appearance of the petitioners shall be exempted on other occasions. With the above observation, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Virudhunagar.

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

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

+ 1 CC TO Mr.M.KARUNANITHI, ADVOCATE IN SR No. 61073 SMN2 TE/JC/SAR-2 : 27/04/2018 : 2P/5C Crl.O.P.(MD)No.20026 of 2013 and M.P.(MD)No.1 of 2013 11.04.2018 https://hcservices.ecourts.gov.in/hcservices/