Ravichandran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23712 of 2021 and Crl.M.P.No.13068 of 2021 Ravichandran

...Petitioner

Vs.

1. The Inspector of Police CBCID Nagapattinam, Nagapattinam District.

2. C.V.Tamilselvam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records relating to the First Information Report in C.C.No.379 of 2019 on the file of the learned Chief Judicial Magistrate, Nagapattinam District and quash the same in so far as petitioner concerned. For Petitioner : Mr..S.Arjun For Respondent-1 : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

The petitioner/A1, who is facing trial in C.C.No.379 of 2019, on the file of the learned Chief Judicial Magistrate, Nagapattinam District, for the offences under Sections 120(B), 406 and 420 IPC, has filed the Criminal Original Petition to quash the same.

2. Heard the learned counsel appearing for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing on behalf of the first respondent.

3. The petitioner, after making his submissions, made a limited prayer, seeking dispensation of the personal appearance of the petitioner before the trial Court for the reason that the petitioner is a disabled person with 60% disability and he may be permitted to appear before the trial Court as and when directed.

4. The learned Additional Prosecutor appearing for the first respondent submitted that the offences committed by the petitioner and other accused, are serious in nature.

5. Considering the fact that the petitioner is a disabled person, this Court directs the petitioner to file an affidavit before the trial Court, undertaking that he will not https://hcservices.ecourts.gov.in/hcservices/

dispute his identity while recording evidence in his absence and his Advocate would conduct the case without seeking adjournment for any reason. On filing of such an affidavit, the trial Court to dispense with the personal appearance of the petitioner and permit him to represent through Counsel. Witness should be cross examined then and there without delay. The petitioner will not cause any further delay. Further, as and when directed by the trial Court, the petitioner to appear before the trial Court.

6. This Criminal Original Petition is dismissed with the above direction. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar srn To 1.The Chief Judicial Magistrate, Nagapattinam District 2.The Inspector of Police CBCID Nagapattinam, Nagapattinam District.

Crime No.1 of 2016.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23712 of 2021 and Crl.M.P.No.13068 of 2021 PL(CO) A.SK(04.02.2022) https://hcservices.ecourts.gov.in/hcservices/