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.4580 of 2020
and
Crl.M.P.(MD)Nos.2576 and 2577 of 2020
1.Syed Ali Fathima
2.Nelofar Nisha Begam … Petitioners
-vs-
1.The Inspector of Police,
All Women Police Station,
Ramanathapuram.
2.Jimana Hasin … Respondents
PRAYER: Petition filed under Section 482 of the Criminal Procedure Code
to call for records in C.C.No.01/2020 on the file of the Judicial Magistrate,
Ramanathapuram under Sections 109, 498A, 354A, 511, 506(2) of IPC and
Section 4 of Dowry Harassment Act and quash the same.
For Petitioners : Mr.S.M.S.Johny Basha
For R1 : Mr.A.Robinson
Government Advocate (Crl.side)
1/4
http://www.judis.nic.in
Crl.O.P.(MD)No.4580 of 2020
ORDER
This Criminal Original Petition has been filed for quashing the
proceedings in C.C.No.1 of 2020 on the file of the learned Judicial
Magistrate, Ramanathapuram. The petitioners are figuring as Accused Nos.
3 and 4 for the offences under Sections 109, 498A, 354A, 511, 506(2) of IPC
and Section 4 of Dowry Harassment 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 establish 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
2/4
http://www.judis.nic.in
Crl.O.P.(MD)No.4580 of 2020
judgment. Except these three occasions, on other hearing dates the
petitioner can be represented through counsel. Consequently, connected
miscellaneous petitions are closed.
13.03.2020
Index : Yes / No
Internet: Yes / No
pnn
To
1.The Inspector of Police, All Women Police Station, Ramanathapuram.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,
Madurai.
3/4
http://www.judis.nic.in
Crl.O.P.(MD)No.4580 of 2020
G.R.SWAMINATHAN , J.
Pnn
Crl.O.P.(MD)No.4580 of 2020
13.03.2020
4/4
http://www.judis.nic.in