Disposed

K.Rathinasamy v. the Inspector of Police

Madras HC14 Sept 2022CRL OP(MD)/14804/2017

Case brief

AI extract

What is this about?

High Court disposed of two Criminal Original Petitions seeking quashing of final report and proceedings under section 482 CrPC. Trial already commenced when petition was filed. Petitioners dispensed from personal appearance but directed to attend for closing arguments and judgment.

What did the court decide?

Petitioners dispensed from personal appearance during examination of witnesses; required to attend for section 313 CrPC questioning and final judgment; lower court directed to complete trial in 4 mont

K.Rathinasamy Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2022)

¶1

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 14.09.2022

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

¶6

CRL.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018 and CRL.M.P.(MD)Nos.5317 & 5318 of 2018 in CRL.O.P.(MD)No.11734 of 2018

¶7

1.K.Rathinasamy 2.R.Mariammal 3.R.Vijayakumar

¶8

4.R.Chandramohan ... Petitioners / Accused Nos.2 to 5

¶9

in Crl.O.P.(MD)No.14804 of 2017

¶10

R.Somasundaram ... Petitioner / Accused No.1

¶11

in Crl.O.P.(MD)No.11734 of 2018

¶12

-Vs-

¶13

1.State through Inspector of Police,

¶14

All Women Police Station,

¶15

Madurai City, Madurai-625 001. (Crime No.13 of 2016)

¶16

2.S.Nalini

¶17

... Respondents in both Crl.O.Ps.

¶18

1/6

¶19

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶20

PRAYER in Crl.O.P.(MD)No.14804 of 2017: Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the final report in C.C.No.2 of 2017 on the file of the Additional Mahila Court (JM Level), Madurai.

¶21

PRAYER in Crl.O.P.(MD)No.11734 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2 of 2017 on the file of the Additional Mahila Court (JM Level), Madurai and to quash the same as against this petitioner.

¶22

For	Petitioners	: Mr.S.Chandrasekaran
For	R1	: Mr.A.Thiruvadi Kumar,
		Additional Public Prosecutor
For	R2	: Mr.R.R.Thamothar Raj
		(in both Crl.O.Ps.)

¶23

COMMON ORDER

¶24

Subject matter of challenge in both these petitions pertains to

¶25

the final report in C.C.No.2 of 2017, pending on the file of the Additional Mahila Court (JM Level), Madurai.

¶26

2.The petitioner in Crl.O.P.(MD)No.11734 of 2018 is the husband and the petitioners in Crl.O.P.(MD)No.14804 of 2017 are

¶27

2/6

¶28

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶29

in-laws. The 2^nd respondent gave a complaint against all the accused persons, which ultimately ended in a final report for alleged offences under Sections 498A, 406, 294(b), 354A(1)(iv) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

¶30

3.Heard the learned counsel for the petitioners, the learned Additional Public Prosecutor for the 1^st respondent and the learned counsel for the 2^nd respondent.

¶31

4.When the matter was taken up for hearing, it was brought to the notice of this Court that the trial has already commenced and it is now at the stage of examination of P.W.1 and it has been completed in part. The learned counsel for the petitioners submitted that the 2^nd respondent as P.W.1 was examined on 09.11.2021 and chief examination was done in part and thereafter, there has been absolutely no progress.

¶32

5.In the considered view of this Court, since the trial has already commenced, this Court is not inclined to go into the merits of the

¶33

3/6

¶34

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶35

case. In view of the same, both the Criminal Original Petitions are disposed of with the following directions:-

¶36

(a) The presence of the petitioners 1, 2 and 4 in

¶37

Crl.O.P.(MD)No.14804 of 2017, who are arrayed as A2, A3 and A5 is dispensed with. The 3^rd petitioner, namely, A4 has died during the pendency of the proceedings and the proceedings have abated insofar as the 3^rd petitioner is concerned. The petitioners 1, 2 and 4 shall be represented through counsel before the Court below and it is made clear that they will not dispute the identity of the witnesses;

¶38

(b) The learned counsel representing the petitioners 1, 2 and 4 / A2, A3 and A5 shall cross-examine the witnesses on the same day they are examined in chief or at least the next hearing date, without any delay;

¶39

¶40

before the Court below at the time of questioning under Section 313 of Cr.P.C., and at the time of passing of the final judgment; and

¶41

4/6

¶42

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶43

(d) The Court below is directed to dispose of C.C.No.2 of 2017,

¶44

pending on the file of the Additional Mahila Court (JM Level), Madurai within a period of four (4) months from the date of receipt of a copy of this order.

¶45

Consequently, connected miscellaneous petitions are closed.

¶46

14.09.2022

¶47

Index: Yes/No Internet: Yes/No Myr To

¶48

1.The Additional Mahila Court Judge (JM Level), Madurai.

¶49

2.The Inspector of Police,

¶50

All Women Police Station,

¶51

Madurai City, Madurai-625 001.

¶52

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶53

5/6

¶54

Crl.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶55

N.ANAND VENKATESH, J.

¶56

Myr

¶57

CRL.O.P.(MD)Nos.14804 of 2017 & 11734 of 2018

¶58

14.09.2022

¶59

6/6

K.Rathinasamy v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Rathinasamy v. the Inspector of Police

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

Case details

Similar cases

Ayyapattu @ Srinivasan, Vs the Deputy Superintendent

Guru Eswari, Vs State of Tamil Nadu

Noor Mohammed Vs the Superintendent of Police

R.S.Shiniy Vs the Director General of

Ayothiraman Vs The Superintendent of police

Thangadurai, Vs the Government of Tamilnadu