Palaniappan v. The Inspector Of Police
Crl.M.P.(MD)No.271 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD)No.271 of 2023 in Crl.O.P.(MD)No.349 of 2023 1 PALANIAPPAN 2 SHANTHI 3 AATHIL ... PETITIONERS/ACCUSED NOS.2 TO 4/ ACCUSED NOS.3 TO 5 Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.
(CRIME NO.17/2019).
...1ST RESPONDENT/COMPLAINANT/ COMPLAINANT 2 VIJAYA ...2ND RESPONDENT/DEFACTO COMPLAINANT/ DEFACTO COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order of Dispense with the personnel appearance of the petitioners in CC No.20/2022 on the file of the Learned Judicial Magistrate No.II, Pudukkottai pending disposal of the above Criminal Original Petition.
PRAYER IN Crl.O.P.(MD)No.349 of 2023:
To call for the records relating to CC No.20/2022 on the file of the Learned Judicial Magistrate No.II,Pudukkottai and quash the same in respect of the petitioners and consequently allow this Criminal Original Petition.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.ANANDKUMAR.J, Advocate for the petitioner and of M/S.M.MUTHUMANIKKAM, Government Advocate(Crl.side) for the Respondent No.1, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2
Crl.M.P.(MD)No.271 of 2023 Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.
2. Considering the facts and circumstances, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, specifically directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification.
If the petitioners adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.
sd/- 09/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CSM TO 1.THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.ANANDKUMAR J , Advocate ( SR-412[I] dated 09/01/2023 )
ORDER
IN Crl.M.P.(MD)No.271 of 2023 in Crl.O.P.(MD)No.349 of 2023 Date :09/01/2023 RK/MMS/SAR-3 (19/01/2023) 2P/6C https://www.mhc.tn.gov.in/judis 2/2