The High Court dismissed Criminal Original Petitions challenging a Magistrate's order returning a Section 205 Cr.P.C petition. The Court held that such a petition must contain specific requests and undertakings by counsel to appear, and the Magistrate's discretion to require personal attendance was not exercised illegally.
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.12639 & 12641 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2024
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN,J.
Crl.O.P Nos.12639 and 12641 of 2024 and Crl.M.P Nos.7829 & 7830 of 2024
1.R.Martin
Sarprasatham(Deceased)
2.R.Philomina ... Petitioner in both the petitions
Vs.
Princy Martin ... Respondents in both the petitions
PRAYER in 12639 of 2021 : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to set aside the impugned docket order in unnumbered Crl.M.P No.... of 2024 in C.C No.568 of 2024 on the file of the IX Metropolitan Magistrate's Court at Saidapet dated 13.05.2024.
PRAYER in 12641 of 2021 : Criminal Original Petition is filed under
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Crl.O.P Nos.12639 & 12641 of 2024
Section 482 of Criminal Procedure Code to set aside the impugned docket order in unnumbered Crl.M.P No.... of 2024 in C.C No.569 of 2024 on the file of the IX Metropolitan Magistrate's Court at Saidapet dated 13.05.2024.
For Petitioner : Mr.V.Adithiyan For Mr.R.Prabhakaran For Respondents : Mr.R.Mohandass For M/s.Swaminathan Law Associates
COMMON ORDER
These two petitions are filed by the petitioners, being aggrieved
by the docket order passed by the IX Metropolitan Magistrate, Saidapet that the petition filed under Section 205 Cr.P.C was returned for not filling up the blanks and filed without the appearance of the petitioners.
order passed under Section 12 of the Domestic Violence Act itself is erroneous, since it was passed without notice and the petitioners herein, being senior citizens not in a position to appear in person to attend the Court. Hence, they have filed a petition under Section 205 of Cr.P.C.
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Crl.O.P Nos.12639 & 12641 of 2024
However, the trial Court has returned the petition pointing out certain defects without considering the reasons stated in the petition.
i) under Section 317 of Cr.P.C on the particular
ground, if the petitioner is unable to present, he can
seek for leave of absence.
ii) If for entire proceedings, the accused wants to
be represented through their pleader and seek dispense
with his personal appearance, he can resort to Section
205 Cr.P.C.
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Crl.O.P Nos.12639 & 12641 of 2024
must be a specific request seeking permission to abstain and in his absence, the pleader shall undertakes to appear on the hearing dates. When such petition is filed, the Magistrate shall conduct enquiry and on his discretion, he may dispense with the personal attendance of the accused and permit the pleader to appear on behalf of the accused and also at any stage, the Magistrate may direct the personal appearance of the accused, if necessary.
dismissed. The petitioners are at liberty to file a fresh petition with all necessary details to satisfy the ingredients of Section 205 Cr.P.C and seek
Crl.O.P Nos.12639 & 12641 of 2024
for redressal. Consequently, connected Miscellaneous Petitions are closed.
22.07.2024
Index:Yes/No Internet:Yes Speaking/Non-speaking order uma
DR.G.JAYACHANDRAN,J. uma
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Crl.O.P Nos.12639 & 12641 of 2024
Crl.O.P Nos.12639 and 12641 of 2024
and Crl.M.P Nos.7829 & 7830 of 2024
22.07.2024
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2 issues framed by the court
Whether a petition under Section 205 Cr.P.C seeking dispensation of personal appearance of senior citizen accused requires specific details and undertaking by pleader?
Whether the Magistrate acted legally in returning a defective Section 205 Cr.P.C petition?
5 provisions across 2 enactments
R.Martin Sarprasatham (Deceased)
R.Philomina
Princy Martin
Dr.G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
