Crl.O.P(MD).No.20772 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2024
CORAM :
THE HON'BLE MR JUSTICE A.A.NAKKIRAN
Crl.O.P(MD).No. 20772 of 2021
and
Crl.M.P(MD).Nos.11856 and 11859 of 2022
Mrs.Kiranal Roobi @ Kerenal Ruby Joshua
... Petitioner
Vs.
1.The State Rep. by
The Sub Inspector of Police,
Asaripallam,
Kanyakumari District.
(In Crime No.166 of 2016) ... 1st Respondent / Complainant
2.Mr.D.Lathi Jenil Jose ... 2nd Respondent / Defacto
Complainant
PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the
records in C.C.No.185 of 2019 on the file of the learned Judicial
Magistrate No.1, Nagercoil in Crime No.166 of 2016 on the file of the
first Respondent and quash the same in respect of the petitioner as
illegal.
For Petitioner : Mr.Anto Prince
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
For R2 : Mr.P.T.Ramesh Raja
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Crl.O.P(MD).No.20772 of 2021
O R D E R
The petitioner has filed this petition seeking quash of
C.C.No.185 of 2019 on the file of the learned Judicial Magistrate No.1,
Nagercoil against this petitioner.
2. The offences with which the petitioner has been charged
are under Sections 294(b), 323, 324, 342 and 506(2) IPC. It is seen that
there are some averments against the petitioner in the complaint.
Therefore, it is not possible for this Court to quash the proceedings as
such.
3. Accordingly, this Criminal Original Petition is dismissed.
However, the petitioner is given liberty to raise all his contentions,
including the contentions raised in this Criminal Original Petition at the
time of trial. Consequently, the connected Miscellaneous Petitions are
closed.
4. In the circumstances, the learned counsel appearing for
the petitioner seeks to dispense with the personal appearance of the
petitioner before the trial Court.
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Crl.O.P(MD).No.20772 of 2021
5. Taking into consideration of the request as made by the
learned counsel for the petitioner, the appearance of the petitioner before
the trial court is dispensed with except for her appearance for the purpose
of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of
charges, questioning under Section 313 Cr.P.C. and on the day on which
judgment is to be pronounced. However, if for any particular reason, the
presence of the petitioner is necessary, the trial court, at its wisdom, shall
direct those appearance on those days.
30.04.2024
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
dss
To
1.The Judicial Magistrate No.1,
Nagercoil.
2. The Sub Inspector of Police,
Asaripallam,
Kanyakumari District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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Crl.O.P(MD).No.20772 of 2021
A.A.NAKKIRAN, J.
dss
Crl.O.P(MD).No. 20772 of 2021
and
Crl.M.P(MD).Nos.11856 and 11859 of 2022
30.04.2024
https://www.mhc.tn.gov.in/judis
4/4