Madras High CourtCRL OP/6092/2018dismissed

N.Selvaraj, Aged 50 Male v. The State Rep By

2021-09-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.6092 of 2018 N.Selvaraj ... Petitioner Vs.

The State, Rep. by the Inspector of Police, Dharapuram, Tirupur District.

Crime No 806 of 2009 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the Chargesheet in CC No.274 of 2013 pending on the file of the Judicial Magistrate Dharapuram.

For Petitioner :

Mr.N. Stalin For respondent :

Mr.C.E. Pratap, Government Advocate (Criminal side)

O R D E R

The petitioner has filed this petition seeking to call for the entire records in C.C.No.274 of 2013, on the file of the learned Judicial Magistrate, Dharapuram and quash the same.

2. When the matter is taken up, learned counsel appearing for the petitioner submitted that in the case pending before the Lower Court, a trial has been commenced and is in progress and hence prays for appropriate orders and dispensation of appearance of the petitioner before the Trial Court.

3. In view of the aforesaid submission, nothing survives for adjudication in the present petition. Accordingly, this petition is dismissed. However, liberty is granted to the petitioner to raise all the grounds before the Court below and https://hcservices.ecourts.gov.in/hcservices/

the same shall be considered on its own merits and in accordance with law. The Trial court shall dispose of C.C. No.274/2013 as expeditiously as possible. Further, taking into consideration the request as made by the learned counsel for the petitioner, his appearance before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sk To

1. The Inspector of Police, Dharapuram, Tirupur District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6092 of 2018 BR (CO) PR (05/10/2021) https://hcservices.ecourts.gov.in/hcservices/