Madras High CourtCRL OP(MD)/21380/2013dismissed

Pasuhparathi v. The Inspector Of Police

2018-04-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)No.21380 of 2013 and MP(MD)Nos.1 and 2 of 2013 1.Pushparathi 2.Hepzi 3.Immanuel 4.Robin 5.Charles 6.Jeyapaul ... Petitioners Vs.

1.State Rep.by The Inspector of Police, All Women Police Station, Thiruchendur, Tuticorin District.

2.Zion Rajathi @ Kutti ... Respondents Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to call for the records and quash the charge sheet in C.C.No.52 of 2013 on the file of learned Judicial Magistrate, Sathankulam, Tuticorin District. For Petitioners : Mr.C.Muthu Saravanan For Respondent No.1 : MR.A.Robinson, Government Advocate (Crl.side) For Respondent No.2 : No appearance

ORDER

The petitioner seeks to quash CC No.52 of 2013 on the file of learned Judicial Magistrate, Sathankulam, Tuticorin District. This Court is of the view that the grounds raised herein can as well be raised during trial. It is seen that the petitioners 1 and 2 are women. Others are men. They are residing elsewhere. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the petitioner submitted

that the relief of dispensing with the appearance of the petitioner can be given. This Court finds force in the said submission. The Trial Magistrate shall insist on the petitioners personal appearance only for answering of charges and at the time of examining the witnesses under Section 313 of Cr.PC and at the time of pronouncing judgment. Except these occasions, the petitioners can be permitted to be represented through their counsel.

3.With this relief regarding personal appearance, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar skm To 1 The Judicial Magistrate, Sathankulam, Tuticorin District 2 The Inspector of Police, All Women Police Station, Thiruchendur Tuticorin District 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 cc to MR.C.Muthu Saravanan, Advocate SR.No.62609 Crl. OP (MD)No.21380 of 2013 and MP(MD)Nos.1 and 2 of 2013 19.04.2018 SMA/CM/SAR-2/15.05.2018:2P/5C https://hcservices.ecourts.gov.in/hcservices/