Madras High CourtCRL OP/17276/2017dismissed

Sudhan, 33 Years, v. The Inspector Of Police,

2020-07-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17276 of 2017 and Crl.MP.Nos.10593 & 10594 of 2017 Sudhan ... Petitioner/Accused No.2 Vs.

1. The Inspector of Police, City Crime Branch, Coimbatore.

2.P.Alagirisamy Respondents/Dejure Complainant and Accused not appearing in person or by an Advocate.1 PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying (a) To dispense with the personal appearance of the petitioner in C.C.No.406 of 2017 on the file of Judicial Magistrate No.III, Coimbatore.

For Petitioner : No appearance For Respondents : Mr.K.Prabakaran ( for R1 ) Additional Public Prosecutor No appearance ( for R2)

O R D E R

This petition has been filed to quash the proceedings in C.C.No.406 of 2017 on the file of Judicial Magistrate No.III, Coimbatore.

2. The learned Additional Public Prosecutor submitted that the petitioner is not an accused in C.C.No.406 of 2017 on the file of Judicial Magistrate No.III, Coimbatore. However, they wrongly typed the C.C number and he is an accused in C.C.No.407 of 2016 on the file of Judicial Magistrate No.III, Coimbatore. He further submitted that that the entire trial has been transferred to the file of the Judicial Magistrate No.III, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/

The petitioner did not appear before the trial court and therefore, NBW has been issued and it is pending for the past one year only because of the absence of the petitioner. The trial stands still and the trial court could not be able to proceed with the trial.

3. Considering the above submission and the NBW is pending as against the petitioner, the petitioner is not entitled for any relief. Therefore, this criminal original petition is dismissed.

Consequently, connected miscellaneous petitions are closed. The first respondent is directed to execute NBW pending as against the petitioner as expeditiously as possible.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gv To

1. The Inspector of Police, City Crime Branch, Coimbatore.

2. The Judicial Magistrate No.III, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17276 of 2017 and Crl.MP.Nos.10593 & 10594 of 2017 AD(CO) CB(06/08/2020) https://hcservices.ecourts.gov.in/hcservices/