Madras High CourtCRL OP/10394/2022disposed of

Irshad Ahamed v. The Sub Inspector Of Police

2022-06-28Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and CMP.No.6210 of 2022 Irshad Ahamed ... Petitioner Vs The Sub Inspector of Police, All Woman Police Station, Ammapet, Salem District.

Crime No.17 of 2020 ...

Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order passed by the learned Chief Judicial Magistrate/Additional Mahila Magistrate at Salem dated 31.12.2021 in Crl.MP.No.1957 of 2021 in C.C.No.249 of 2021 by allowing the present criminal original petition. For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.A.Gokulakrishnan Addl. Public Prosecutor

ORDER

The Criminal Original Petition has been filed to set aside the order 1/4

passed by the learned Chief Judicial Magistrate/Additional Mahila Magistrate at Salem dated 31.12.2021 in Crl.MP.No.1957 of 2021 in C.C.No.249 of 2021.

2. The learned counsel for the petitioner submitted that the entire case is based on the matrimonial dispute which had been ended up in a compromise and other proceedings have already been withdrawn and even PW1 to PW3 have stated that they have compromised. He further submitted that as the petitioner is residing away from the Country his personal appearance before the trial Court may be dispensed with.

3. Taking into consideration that the matrimonial dispute had been ended up in a compromise and PW1 to PW3 have also compromised, this Court is of the view that ordering dispense with of the personal appearance of the petitioner before the trial Court would not prejudice any trial, as the matter appeared to be compromised. Such view of the matter order dated 31.12.2021 in Crl.MP.No.1957 of 2021 in C.C.No.249 of 2021 is set aside and the personal appearance of the petitioner before the trial Court is 2/4

dispensed with and he can appear through his counsel.

4. With the above directions, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is also closed. 28.06.2022 dpq Internet:Yes/No Index:Yes/No Speaking/Non speaking order To

1. The Sub Inspector of Police, All Woman Police Station, Ammapet, Salem District.

2. The Chief Judicial Magistrate / Additional Mahila Court Salem

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR, J.

dpq Crl.O.P. No.10394 of 2022 28.06.2022 4/4