Dismissed

Sudha, F/a 27 Years, v. the State Rep by Its

Madras HC16 Dec 2021CRL OP/28270/2017

Case brief

AI extract

What is this about?

Petitioners sought quashing of a charge sheet alleging attempt to murder. The court rejected the plea for quashing, ordered simultaneous trial of connected counter case, and permitted dispensation of personal appearance for female accused during specific trial stages.

What did the court decide?

Quashing of charge sheet dismissed; personal appearance for female accused dispensed for specific procedures; connected cases ordered to be tried together.

Sudha, F/a 27 Years, Vs the State Rep by Its — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. No.28270 of 2017 and CRL.M.P.Nos.16064 & 16065 of 2017

1.Sudha

2.Suresh

3.Ramesh

4.Gopal

5.Sankar

6.Ravi

7.Palani Ammal 8.Pradeepa ...Petitioners

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Vs.

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State rep.by The Inspector of Police, Bommidi Police Station, Dharmapuri District. (Crime No.408/2013)

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Ranganathan ...Respondents (2^nd Respondent in impleaded as per the order of this Hon'ble court dated

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24.04.2019 in Crl.M.P.No.5521/2019)

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the charge sheet in S.C.No.7 of 2015 on the file of learned Sub Court, Harur in Crime No.408 of 2013 on the file of the respondent and quash the same.

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For Petitioners: Mr.S.Kumaradevan

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For Respondents: Mr.S.Vinoth Kumar

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Government Advocate(Crl.side) for R1

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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This Criminal Original Petition has been filed to quash the charge sheet in S.C.No.7 of 2015 on the file of learned Sub Court, Harur in Crime No.408 of 2013 on the file of the respondent.

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2.The case of the prosecution is that due to the previous enmity, the accused abused the de-facto complainant and unlawfully assembled and assaulted the de-facto complainant by using deadly weapons, thereby caused injuries on him.

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3.The contention of the learned counsel for the petitioner is that it is a case and counter. Therefore, final report has to be quashed.

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At the outset, I am not in agreement with the submissions of the learned counsel for the petitioner. When serious allegations are made against the petitioners for causing injuries and an offence under Section 307 IPC has been registered, trial has to be conducted. Accordingly, this Criminal Original Petition stands dismissed.

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At this stage, learned counsel for the petitioner seeks a direction to dispense with the personal appearance of A1, A7 and A8, since they are women folk. Taking into consideration the facts and circumstances of the case, the presence of the petitioners/A1, A7 and A8 alone before the Trial Court is dispensed with except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. They shall be represented by a counsel, who shall cross examine the witnesses on the same day, when they are examined in Chief.

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Considering the nature of the charges levelled against the petitioners and a counter case is also pending, Trial Court shall conduct both the cases simultaneously and dispose of the same as expeditiously as possible. Consequently, connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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nr/RR

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https://hcservices.ecourts.gov.in/hcservices/

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The Sub Court

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Harur.

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The Inspector of Police, Bommidi Police Station, Dharmapuri District.

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The Public Prosecutor High Court, Madras.

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Crl. O.P. No.28270 of 2017 and

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CRL.M.P.Nos.16064 & 16065 of 2017

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VSN-II(CO) RGA(30/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Sudha, F/a 27 Years, v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Sudha, F/a 27 Years, v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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