P.Kumarasamy v. K.R.Annaamalai

Crl.M.P.No.10895 of 2024 in Cr.O.P.No.16856 of 2022 N.SATHISH KUMAR, J.

This petition has been filed to modify the Order passed in Crl.O.P.No.16856 of 2022 dated 17.08.2022 in so far as it exempted the personal appearance of the petitioner/accused in S.C.No.42 of 2018 on the file of the Mahila Court, Erode.

2. It is bought to the notice of this Court that taking advantage of the fact that this Court has dispensed with the personal appearance of the petitioner/first accused before the trial Court, except for questioning under section 313 Cr.P.C. and on the date of pronouncing judgment and on any other dates as fixed by the trial Court, the petitioner/first accused has not appeared and hence, even charges could not be framed.

3. In such view of the matter, the dispense with Ordered by this Court in Crl.O.P.No.16856 of 2022 dated 17.08.2022 is recalled and the petitioner/first accused is directed to appear before the trial Court regularly from the next hearing and the trial Court shall frame charges. Since the offences are under section 147, 148, 149, 448, 307, 364[A], 342 and 506 [ii] read with 109 IPC, after framing charges, let the trial Court consider dispensing the appearance of the petitioner on proper petition filed in this regard. The trial Court shall proceed with the trial and dispose of the case expeditiously. Accordingly, this miscellaneous petition is Ordered. 30.07.2024 vrc https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR, J.

vrc Crl.M.P.No.10895 of 2024 in Crl.O.P.No.16856 of 2022 30.07.2024 https://www.mhc.tn.gov.in/judis