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B.Jayalakshmi vs The Inspector Of Police on 13 March, 2020

Crl.O.P.(MD)No.4580 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 13.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl.O.P.(MD)No.4523 of 2020
and
Crl.M.P.(MD)Nos.2553 and 2554 of 2020

1.B.Jayalakshmi
2.N.Rajavel
3.R.Renuka … Petitioners
-vs-

1.The Inspector of Police,
All Women Police Station,
Tiruparankundram.

2.S.Nithyakalyani … Respondents

PRAYER: Petition filed under Section 482 of the Criminal Procedure Code

to call for records relating to the charge sheet filed in C.C.No.280 of 2016

on the file of the learned Judicial Magistrate, Additional Mahila Court,

Madurai and quash the same in respect of the petitioners.

For Petitioners : Mr.N.Vijayarajan

For R1 : Mr.A.Robinson
Government Advocate (Crl.side)

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Crl.O.P.(MD)No.4580 of 2020

ORDER

The petitioners are facing trial in C.C.No.280 of 2016 on the file of the

learned Judicial Magistrate, Additional Mahila Court, Madurai for the

offences under Section 498A, 494 of IPC and Section 4 of Dowry Prohibition

Act.

2.The learned counsel for the petitioners reiterated the contentions

set out in the memorandum of grounds.

3.Though, the said submissions are quite persuasive, I am of the view

that they will have to be necessarily established before the Court below, in

view of their factual nature. Therefore, leaving open the petitioners’

contentions and defences, this Criminal Original Petition stands dismissed.

4.Considering the over all facts and circumstances of this case, the

personal appearance of the petitioner before the Court below is also

dispensed with. The Trial Judge shall not insist on the personal appearance

of the petitioners unless it is absolutely necessary or imperative. The

petitioners of course be present to answer the charges and at the time of

examination under Section 313 of Cr.PC and at the time of pronouncing

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Crl.O.P.(MD)No.4580 of 2020

judgment. Except these three occasions, on other hearing dates the

petitioner can be represented through counsel.

5.The learned counsel for the petitioners states that the entire

allegations are directed only against the first accused who is the husband of

the defacto complainant. In fact, he is not even taking care of the aged

parents. It is only the petitioner herein who is taking care of them.

6.Therefore, taking note of the difficulties said to be faced by the

petitioners herein, the learned Judicial Magistrate, Additional Mahila Court,

Madurai, is requested to dispose of the main case in accordance with law

within a period of six months from the date of receipt of a copy of this order.

Consequently, connected miscellaneous petitions are closed.

13.03.2020
Index : Yes / No
Internet: Yes / No

pnn

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Crl.O.P.(MD)No.4580 of 2020

G.R.SWAMINATHAN , J.

Pnn

To

1.Judicial Magistrate, Additional Mahila Court, Madurai.

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

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

Crl.O.P.(MD)No.4523 of 2020

13.03.2020

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