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Madras High CourtCRL OP/5935/2020dismissed

Pon.Ramesh v. State By

2020-03-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

Crl.O.P.No.5935 of 2020 and Crl.MP.Nos. 3338 & 3339 of 2020 G.K.ILANTHIRAIYAN, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner would submit that this Court, by an order dated 13.03.2020, dismissed the quash petition in Crl.O.P.No.5935 of 2020 and also directed the learned Judicial Magistrate Court No.1, Namakkal, Namakkal District to complete the trial in CC.No.456 of 2019 in Cr.No.1030 of 2018, within a period of six months from the date of receipt of a copy of that order. He further submitted that there is no material for the involvement of the petitioner in this case and hence, he prays to dispense with the appearance of the petitioner before the trial court.

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3. The learned Additional Public Prosecutor has submitted that the petitioner alone may be ordered dispensed with.

4. Considering the submissions made by the learned counsel for both sides, the appearance of the petitioner alone is dispensed with. The paragraphs No.8 in the order dated 13.03.2020 in Crl.O.P.No.5935 of 2020, shall read as follows :- "8. In view of the above discussion, this Court is not inclined to quash the proceedings in C.C.No.456 of 2019 in Crime No.1030 of 2018 on the file of the Judicial Magistrate Court No.1, Namakkal, Namakkal District. The petitioner is at liberty to raise all the grounds before the trial Court. However, the personal appearance of the petitioner is dispensed with and he shall be represented by a counsel after filing appropriate application. The petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. The trial Court is directed to complete the trial within a 2/4

period of six months from the date of receipt of copy of this Order."

5.

The Registry is directed to carryout the necessary amendment in the order dated 13.03.2020 in Crl.O.P.No.5935 of 2020 and issue order copy afresh.

20.07.2020 gv/rts 3/4

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.5935 of 2020 and Crl.MP.Nos.3338 &3339 of 2020 20.07.2020 4/4