The High Court dismissed two Criminal Original Petitions seeking quashing of criminal proceedings. It held allegations were a counter-blast requiring adjudication by the trial court and directed simultaneous trials. Petitioners were dispensed from appearing.
Petitioners dispensed from appearing before Trial Court unless deemed necessary for trial progress.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.Nos.3634 & 25214 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM:
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.Nos.3634 & 25214 of 2021 and Crl.M.P.Nos.2154,13951 & 13953 of 2021
Crl.O.P.No.3634 of 2021:
Mrs.V.Sumathi
... Petitioner
Vs.
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to C.C.No.97 of 2021 on the file of the IX Metropolitan Magistrate Court at Saidapet and Quash the same as illegal, incompetent and abuse of process by allowing this Criminal Original Petition.
Crl.O.P.Nos.3634 & 25214 of 2021
For Petitioner : M/s.T.Sibi for M/s.A.Rajeswari Karthikeyan For Respondents : For R1 : S.Balaji Government Advocate (Crl.Side) For R2 : No appearance
Crl.O.P.No.25214 of 2021:
Mr.Velmurugan
... Petitioner
Vs.
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to C.C.No.97 of 2021 on the file of the IX Metropolitan Magistrate Court at Saidapet and Quash the same as illegal, incompetent and abuse of process by allowing this Criminal Original Petition.
For Petitioner : M/s.M.Jaikumar For Respondents : For R1 : S.Balaji Government Advocate (Crl.Side) For R2 : No appearance
Crl.O.P.Nos.3634 & 25214 of 2021
COMMON ORDER
These Criminal Original Petitions have been filed to call for the records and to quash the proceedings as against the petitioners in C.C.No.97 of 2021 for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of I.P.C, pending on the file of the learned IX Metropolitan Magistrate Court, Saidapet.
Crl.O.P.Nos.3634 & 25214 of 2021
294 (b), 323, 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The allegations in the complaint are false and hence, the petitioners prayed for quashing of the impugned final report.
Crl.O.P.Nos.3634 & 25214 of 2021
appropriate if the learned IX Metropolitan Magistrate, Saidapet is directed to conduct the Trial in C.C.No.2125 of 2022 and C.C.No.97 of 2021
simultaneously and render the Judgement on the same day.
10.04.2023
Speaking Order / Non-Speaking Order Neutral Citation: Yes / No rgm
SUNDER MOHAN, J
Crl.O.P.Nos.3634 & 25214 of 2021
rgm
To
1. The IX Metropolitan Magistrate Court, Saidpet.
2. The Inspector of Police,
J5-Sashtri Nagar Police Station, Chennai – 600 020. (Crime No:833 of 2019)
Chennai – 600 104.
Crl.O.P.Nos.3634 & 25214 of 2021 and Crl.M.P.Nos.2154,13951 & 13953 of 2021
10.04.2023
3 issues framed by the court
Whether the High Court can quash proceedings where allegations constitute a counter-blast yet no prima facie case is made out for quashing which requires adjudication by the trial court.
Whether appeals concerning trial date matters should be tried simultaneously by the trial court.
Whether the petitioner needs to appear before the trial court for the progress of the trial.
2 provisions across 2 enactments
Mrs. V. Sumathi
Mr. Velmurugan
State
Durai
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
