Sivanathan v. The Inspector Of Police
CRL MP(MD) No.785 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.785 of 2023 IN CRL OP(MD) No.850 of 2023 1 SIVANATHAN 2 PEVINA 3 SURESH 4 ELAKKIYA 5 PRASANNA @ SIVAKUMAR 6 SARAVANA KUMAR 7 ROSE MARY ... PETITIONERS/ACCUSED Nos.1 TO 7 Vs 1 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI CITY.
(CRIME NO.4/2022).
... RESPONDENT/COMPLAINANT 2 SEETHA LAKSHMI ... RESPONDENT/DE-FACTO COMPLAINANT 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 petitioner before the trial court in CC No.2532/2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli District pending the disposal of the main quash petition on the file of this Hon'ble Court. Prayer in CRL OP(MD). 850/ 2023 :
To call for the records pertaining to the case in CC no.2532/2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli District 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.ANAND.R, Advocate for the petitioner and of https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.785 of 2023 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 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/- 20/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.785 of 2023 IN CRL OP(MD) No.850 of 2023 Date :20/01/2023 SA/BUC/SAR.3/30.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2