Subbaiyan v. The Inspector Of Police

CRL MP(MD) No.437 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.437 of 2023 in CRL OP(MD)No.511 OF 2023 1 SUBBAIYAN 2 SAROJA 3 VIMALA 4 REVATHI ... PETITIONERS/PETTIONERS Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR DISTRICT.

CRIME NO.40 OF 2022.

2 NANDHINI ...RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Dispense with the personal appearance of the Petitioners in CC.No.43 of 2022 on the file of the Additional Mahila Court,Karur pending disposal of the above Criminal Original Petition. Prayer in CRL OP(MD)No. 511/ 2023 :

To call for the records relating to Charge Sheet in CC.No.43 of 2022 on the file of the Additional Mahila Court,Karur and Quash the same as against the Petitioners.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.GOKUL RAJ S, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the 1st Respondent, the court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.437 of 2023 at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on 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 adopt 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/- 10/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, KARUR.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.GOKUL RAJ S, Advocate ( SR-490[I] dated 10/01/2023 )

ORDER

IN CRL MP(MD) No.437 of 2023 in CRL OP(MD)No.511 OF 2023 Date :10/01/2023 PKP/BUC/SAR-2/20.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2