Madras High CourtCRL OP/14537/2015dismissed

Mathew Charles v. State Rep. By

2021-01-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14537 of 2015 1.Mathew Charles, S/o.Siluvairathinsm 2.Jerina, D/o.Siluvairathinam 3.Siluvairathinam, S/o.Madhalaimuthu 4.Mariarathinam, W/o.Siluvairathinam

...Petitioners

Vs.

1. State rep. by Inspector of Police, Erode Taluk Police Station.

(Crime No.09/2014) *2.J.Praveena, W/o.Mathew Charles .... Respondents (*R2 is suo motu impleaded as per order in Crl.O.P.No.14537/2015 dated 04.09.2020) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.15167/2014, on the file of the X Metropolitan Magistrate, Egmore, Chennai. For Petitioners : Mr.V.S.Dixit (No appearance) For Respondent : Mr.C.Iyyappa Raj, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed to call for the records in C.C.No.15167/2014, on the file of the X Metropolitan Magistrate, Egmore, Chennai.

2. When the matter was listed on 18.08.2020, there was no representation for the petitioners either in person or by https://hcservices.ecourts.gov.in/hcservices/

their respective counsel and thereby, this Court had directed the Registry to put up the Vakkalat filed by the learned counsel for the petitioner Mr.V.S. Dixit. Thereafter, the matter had been listed on 31.08.2020 and even on that date, there was no representation for the petitioner and this Court had directed the matter to be listed on 04.09.2020. Even today (i.e.) 06.01.2021 when the matter is listed, there is no representation for the petitioner.

3. The learned Additional Public Prosecutor would submit that the trial has commenced and L.Ws.1 to 5 have been examined as P.Ws.1 to 5 and the case has been posted to 22.01.2021 for cross examination.

4. Taking intro consideration of the fact that there is no representation for the petitioner and that the trial has also commenced, there is no purpose in keeping the case pending.

5. In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksa-2 To

1. The Inspector of Police, Erode Taluk Police Station.

2.The X Metropolitan Magistrate, Egmore, chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.14537 of 2015 MGR(CO) GN(12/02/2021) https://hcservices.ecourts.gov.in/hcservices/