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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2019
CORAM:
THE HON’BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.No.24423 of 2017
and
Crl.M.P.Nos.14128, 14129 of 2017 17562 of 2018
1.V.Vinod,
2.P.V.Venkatarathinam,
3.Mrs.Jayanthi. … Petitioners
Vs.
1.The Inspector of Police,
W-13, All Women Police Station,
Tondiarpet,
Chennai-600 028.
2.V.R.Rajalakshmi … Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call
for the records in C.C.No.967 of 2017 on the file of the learned Metropolitan
Magistrate, George Town at Chennai and quash the proceedings emanating
from the FIR registered in Crime No.12 of 2016 on the file of the 1st
respondent Police (Inspector of Police) W-13 All Women Police Station,
Tondiarpet, Chennai-600 081.
For Petitioners : Mr.R.Abdul Mubeen
For R1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
For R2 : Mr.R.John Sathyan
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ORDER
This Criminal Original Petition has been filed seeking to quash the
proceedings in C.C.No.967 of 2017, pending on the file of the
XV Metropolitan Magistrate, George Town, Chennai.
2.The respondent Police filed an F.I.R. before the Court below for the
offence under Sections 498A and 406 of IPC as against these petitioners. It is
brought to the notice of this Court that already two witnesses have been
examined in this case and the case is posted for examination of P.W.3 and
P.W.4. There are totally eight witnesses shown in the list of witnesses.
3.In view of the above, this Court is not in a position to interfere
with the proceedings and the grounds raised by the petitioners will have to
be agitated only before the Court below and the same shall be considered
on its own merits and in accordance with law.
4.The learned counsel for the petitioners would submit that the
presence of the 2nd and 3rd petitioners may be dispensed with considering
the fact that they are senior citizens.
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5.In the facts and circumstances of the case, the presence of the 2 nd
and 3rd petitioners is dispensed with and they shall be represented by a
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counsel. The 2nd and 3rd petitioners shall be present before the Court at the
time of questioning under Section 313 Cr.P.C. and at the time of passing
judgment. The learned counsel representing the 2nd and 3rd petitioners shall
examine the witnesses on the very same day, they are examined in chief.
6.The learned counsel for the 2nd respondent submitted that going
by the allegations made in the final report, the case may be transferred to
the Mahila Court, Chennai. The learned counsel further submitted that
there is no Magistrate in the concerned Court for more than one year and
the case is kept pending.
7.Taking note of the submissions made by the learned counsel for the
2nd petitioner, the proceedings in C.C.No.967 of 2017, pending on the file
of the learned XVI Metropolitan Magistrate, George Town, Chennai, shall be
transferred to Mahila Court, Chennai. The case records shall be transferred
immediately from the file of Mahila Court, Chennai, and the Mahila Court
shall thereafter proceed further with the trial and complete the
proceedings as expeditiously as possible.
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8.This Criminal Original Petition is disposed of with the above
directions. Consequently, connected miscellaneous petitions are also closed.
21.01.2019
speaking/non-speaking order
Index : Yes / No
Internet : Yes / No
rm
To
1. The XV Metropolitan Magistrate,
George Town, Chennai.
2.The Inspector of Police,
W-13, All Women Police Station,
Tondiarpet,
Chennai-600 028.
3. The Public Prosecutor,
High Court, Madras.
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N.ANAND VENKATESH,J.,
rm
CRL.O.P.No.24423 of 2017
and
Crl.M.P.Nos.14128, 14129 of 2017
17562 of 2018
21.01.2019
http://www.judis.nic.in