Rajkumar Sabu, Aged 54 Years v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17332 of 2016 and Crl.M.P.Nos.8305 and 8306 of 2016 Rajkumar ... Petitioner Vs The State rep by Food Safety Officer Sooramangalam Region Salem Town Food Safety and Drug Administration Department Old Nattanmai Kazhaga Building Complex Salem 636 001.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in STC No.201 of 2016 on the file of the Judicial Magistrate No.III, Salem and quash the same.

For Petitioner : Mr.B.Jawahar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

When this Court was about to dismiss the case on merits, the learned counsel for the petitioner sought permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the above endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed.

3. At that juncture, the learned counsel for the petitioner submitted that the presence of the petitioner before the trial Court may be dispensed with. The petitioner is directed to be present for receiving the complaint, for answering the charge, at the time of questioning under Section https://hcservices.ecourts.gov.in/hcservices/

313 Cr.P.C. and at the time of passing judgment. The petitioner shall file an affidavit of undertaking before the trial Court that he will not dispute his identity and that his counsel will cross examine the prosecution witnesses on the day they are examined-in-chief and that they will not adopt dilatory tactics. On such undertaking, the trial Court shall dispense with the personal appearance of the petitioner. The trial Court shall ensure that the accused cross examines the witnesses on the day they are examined-in-chief as directed by the Supreme Court in Vinoth Kumar vs. State of Punjab [2015(1) MLJ (crl) 288]. If the accused adopts any dilatory tactics, it is open to the trial Court to remand him to custody in terms of the law laid down by the Supreme Court in State of Uttar Pradesh v. Shambunath Singh [JT 2001 (4) SC 319].

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gms To 1.The Food Safety Officer Sooramangalam Region Salem Town,Food Safety and Drug Administration Department Old Nattanmai Kazhaga Building Complex Salem 636 001.

2.The Judicial Magistrate No.III, Salem.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.B.Jawahar, Advocate, S.R.No.45917 Crl.OP No.17332 of 2016 PPA(CO) CA(22/08/2016) https://hcservices.ecourts.gov.in/hcservices/