Madras High CourtCRL MP/2611/2024dismissed

M.R.Gurumurthy v. The State Rep By

2024-03-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.MP.No.2611 of 2024 in Crl.OP.No.16755 of 2023 M.R.Gurumurthy .. Petitioner /2nd Respondent/ De facto Complainant vs.

1.The State rep.by The Inspector of Police Central Crime Branch-I Chennai 600 007.

..1st respondent/Respondent/ Complainant 2.Balasubramaniyam 3.NIthyalakshmi 4.Girija 5.Karthik ..2 to 5 respondents/ petitioners 1 to 4/Accused No.1 to 4 6.Mahagandhi 7.Mohansudha 8.Pasupathy ..6 to 8 respondents/5 to 7 petitioners/ Accused nos.6 to 8 PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to recall the order passed in Crl.OP.No.16755 of 2023, dated 28.7.2023 on the file of ths Court and dismiss the relief of dispense with the personal appearance for the accused 3,4,6,7 and 8.

For Petitioners : Mr.A.Balaji For Respondents : Mr.A.Gopinath Government Advocate for R1

ORDER

The report has been received from the learned Metropolitan Magistrate, CCB & CBCID Court, Egmore. After earlier orders were passed by this Court in Crl.OP.No.16755 of 2023, dated 28.7.2023, dispensing with the personal appearance of A3, A4, A5, A6 and A7 and directing them to appear at the stage of framing of charges, at the time of questioning 313 Cr.PC and at the time of passing of the final judgment, these accused persons seems to have not appeared before the Court below and thereafter, NBW was issued and it was recalled. Thereafter, these accused persons have also filed discharge petitions before the Court below and the same is pending.

2.This Court is not satisfied with the conduct of the petitioners in this case and hence, paragraph 3 of the earlier order passed by this Court in Crl.OP.No.16755 of 2023 dated 28.7.2023 is hereby recalled.

The Court below is directed to proceed further with this case and complete the proceedings within a period of three months as requested in the report dated 2.3.2024.

This miscellaneous petition is disposed of in the above terms. 05.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To

1. The Inspector of Police Central Crime Branch-I Chennai 600 007.

2. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

kp Crl.MP.No.2611 of 2024 in Crl.OP.No.16755 of 2023 05.03.2024