Annamalai v. K.A.Anandan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No. 27659 of 2019 and Crl.M.P. Nos. 14748 & 14749 of 2019 Annamalai ... Petitioner

Versus

K.A.Anandan ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining complaint in C.C. No. 32 of 2019 on the file of the learned Judicial Magistrate, Gudiyatham, Vellore District, and Quash the same. For Petitioner : Mr. B.Kumarasamy For Respondent : Ms.S.Menaka

O R D E R

Learned counsel for the petitioner seeks permission to withdraw the petition with liberty to raise all contentions before the trial Court and has made an endorsement to that effect.

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2. Learned counsel for the petitioner submitted that since the petitioner is residing at Coimbatore and the trial is in Vellore, he is unable to appear before the trial Court on regular basis and he would pray that the personal appearance of the petitioner before the trial Court may be dispensed with.

3. In view of the request made by the learned counsel for the petitioner, the personal appearance of the petitioner before the trial Court is dispensed with unless, the learned Magistrate thinks his presence is necessary for the progress of the trial.

4. Permission is granted. The Criminal Original Petition is dismissed as withdrawn. Consequently, the connected miscellaneous petitions are closed.

17.03.2023 kal Index: Yes/No Speaking Order / Non-Speaking Order 2/4

To

1. The Judicial Magistrate, Gudiyatham, Vellore District,

2. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J kal Criminal Original Petition No. 27659 of 2019 and Crl.M.P. Nos. 14748 & 14749 of 2019 17.03.2023.

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