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Syed Ali Fathima 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.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)

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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

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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. 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.

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

G.R.SWAMINATHAN , J.

Pnn

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

13.03.2020

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