Saraswathy Vs the State Rep by — Madras HC (2025) — LawSathi Research

Saraswathy Vs the State Rep by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the Criminal Original Petition was dismissed and the connected Miscellaneous Petitions (Crl.M.P.Nos.149 and 150 of 2025) were closed. As an ancillary direction, the personal appearance of the petitioners before the trial Court was dispensed with, subject to their appearing whenever required by the trial Court and without entitlement to any further exemption.

Issue for consideration

Whether the criminal case in C.C.No.813 of 2023 on the file of the District Munsif cum Judicial Magistrate, Pallavaram ought to be quashed.

Court's answer

A reading of the complaint, charge sheet and the statements recorded from the witnesses shows that there are specific allegations against the petitioners; under these circumstances the Court finds no ground to quash the case.

Ratio / Principle

While dismissing the petition, the personal appearance of the petitioners before the trial Court is dispensed with; however, they are directed to appear before the trial Court whenever their presence is required, and they cannot take advantage of this order to claim any general exemption from appearance.

Detailed headnote1 paragraphs

Madras High Court (P. Velmurugan, J.), Crl.O.P.No.372 of 2025 with connected Crl.M.P.Nos.149 and 150 of 2025, decided 08.01.2025: Petitioners Saraswathy, Rosilyn and Seethalakshmi, acting under Section 528 of B.N.S.S., sought quashing of C.C.No.813 of 2023 on the file of the District Munsif cum Judicial Magistrate, Pallavaram, arising out of Crime No.594 of 2022 of Pallavaram Police Station, Tambaram, Chengalpattu District. Reading the complaint, the charge sheet and the statements recorded from the witnesses, the Court held that there were specific allegations against the petitioners and found no ground to quash the case. The Criminal Original Petition was dismissed and the connected Miscellaneous Petitions were closed. The personal appearance of the petitioners before the trial Court was dispensed with, on the express condition that they appear whenever their presence is required and that they derive no general exemption from appearance from this order.

Crl.O.P.No.372 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Crl.O.P.No.372 of 2025 and

Crl.M.P.Nos.149 and 150 of 2025

Saraswathy

Rosilyn

Seethalakshmi

... Petitioners

Vs.

The State rep. by

The Inspector of Police Pallavaram Police Station Tambaram, Chengalpattu District (Crime No.594 of 2022)

Raju ... Respondents

Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in C.C.No.813 of 2023 on the file of District Munsif cum Judicial Magistrate, Pallavaram and quash the same.

For Petitioner : Mr.R.Thirumoorthy For 1st Respondent : Mr.S.Sugendran Additional Public Prosecutor

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ORDER

Crl.O.P.No.372 of 2025

This Criminal Original Petition has been filed by the petitioners to quash

the case in C.C.No.813 of 2023 on the file of District Munsif cum Judicial

Magistrate, Pallavaram.

Heard both sides and perused the materials available on record.

A reading of the complaint, charge sheet and also the statements

recorded from the witnesses shows that there are specific allegations against

the petitioners. Under these circumstances, this Court does not find any ground

to quash the case.

Therefore, this Criminal Original Petition is dismissed. Consequently,

the connected Miscellaneous Petitions are closed.

The personal appearance of the petitioners before the trial Court is

dispensed with, however the petitioners are directed to appear before the trial

Court as and when the presence of the petitioners is required by the trial Court

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Crl.O.P.No.372 of 2025

and it is made clear that, taking advantage of this order, the petitioners should

not get any exemption from appearing before the trial Court.

08.01.2025

Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2

To

The District Munsif cum Judicial Magistrate, Pallavaram.

The Inspector of Police Pallavaram Police Station Tambaram, Chengalpattu District

The Public Prosecutor High Court of Madras

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Crl.O.P.No.372 of 2025 P.VELMURUGAN. J.

Ksa-2

Crl.O.P.No.372 of 2025

08.01.2025

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