Anthony Vinsent Jayakumar And Others vs State And Others

A.D.Jagadish Chandira, J

This petition has been filed to quash the proceedings in C.C.No.08 of 2019 on the file of the learned District Munsif Cum Judicial Magistrate Court, Lalkudi, Trichy District.

The learned counsel appearing for the petitioners would submit that the first petitioner is the husband and the second petitioner is the mother-in-law and the third petitioner is the brother-in-law and the fourth petitioner is the father-in-law and the fifth petitioner is the neighbor. He would further submit that the allegations against the petitioners are vague in nature and that insofar as the petitioners 2 to 5 are concerned, there is no specific allegations.

The learned Additional Public Prosecutor appearing for the first respondent would submit that there are materials and specific allegations against the petitioners and that the defacto complainant has got a female child and its being taken care by the defacto complainant and the petitioners have demanded Rs.5,00,000/- and 50 sovereigns of gold towards dowry and due to that cruelty has been caused by the petitioners, and the defacto complainant came out from the matrimonial house and that the petitioners have not made any valid grounds to quash the proceedings in C.C.No.08 of 2019.

In the considered view of this Court, the grounds raised by the petitioners are purely factual in nature. The said grounds can be raised only before the Court below, in the course of proceedings and the Court below shall consider the same on its own merits and in accordance with law.

Therefore, there is no merit in this petition. Hence, this Criminal Original Petition is dismissed.

At this juncture, the learned Counsel for the petitioners would submit that the presence of the petitioners before the Trial Court may be dispensed with and would pray for speedy trial and that the petitioners will co-operate for the speedy trial.

7.The learned Additional Public Prosecutor would submit that the case stand posted on 09.12.2019 for furnishing copies to the petitioners.

8.Accepting the submission of the learned counsel appearing for the petitioners, the presence of the petitioners before the trial Court shall be dispensed with on condition that they shall be duly represented by a counsel on all hearing dates and they shall be present for receiving the copies/charge sheet, for initial questioning and for answering the charges, at the time of questioning under Section 313 of Cr.P.C., and passing judgment.

9.The petitioners are further directed to give an undertaking in the form of affidavit that the Counsel representing them will cross examine the prosecution witnesses on the day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event if their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatory tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667. The learned District Munsif Cum Judicial Magistrate, Lalkudi, Tiruchirappalli District, is directed to dispose of the case in C.C.No.08 of 2019, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are also closed.