Dr.S.Ramadoss v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.14586 of 2016 and Crl.M.P.Nos.7295 and 7296 of 2016 Dr.S.Ramadoss Petitioner/Accused (A3) vs.

1.State rep by Inspector of Police Panruti Police Station Cuddalore District.

2.Paneerselvam Respondents/Complainant and Defacto Complainant Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records in STC No.256 of 2011 on the file of the Judicial Magistrate No.1, Panruti, Cuddalore District and quash the same.

For petitioner Mr.K.Balu For R1 Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in STC No.256 of 2011 on the file of the Judicial Magistrate No.1, Panruti, Cuddalore District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint lodged by the Tahsildar, the respondent police registered a case in Cr.No.282 of 2011 and after completing the investigation, has filed a Final Report in STC No.256 of 2011 for offences u/s 341, 188, 177 and 286 IPC against four persons, challenging which Dr.S.Ramadoss, the founder of Pattali Makkal Katchi is before this Court, as he has been arrayed as the fourth accused.

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4. Pursuant to the order dated 28.07.2016, Dr.S.Ramadoss appeared before the trial Court on 12.07.2016 and furnished the necessary bond.

5. In the light of the above, his further presence before the trial Court is dispensed with, on condition that he gives an undertaking to the trial Court that his counsel will be present and cross examine the witnesses on the day they are examined-inchief. The question of disputing his identity will not arise in this case, because he is a prominent political personality in the State. That apart, the allegations are relating to election offence and therefore, the question of individual identification may not be relevant. He shall appear before the trial Court for questioning u/s 313 Cr.P.C and on the date of judgment. Since the Final Report and accompanying documents disclose prima facie materials, the prosecution cannot be quashed at the threshold. With the above directions, this petition is closed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.1, Panruti, Cuddalore District .

2.The Inspector of Police Panruti Police Station Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K. Balu, Advocate, S.R.No.66733 sk(CO) md(10/12/2016) Crl.O.P. No.14586 of 2016 https://hcservices.ecourts.gov.in/hcservices/