Muthulakshmi v. The Inspector Of Police
CRL MP(MD). No.1718 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Original Jurisdiction Thursday, the Second day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD). No.1718 of 2023 in CRL OP(MD)1946 of 2023 Muthulakshmi ... Petitioner/Petitioner/Accused NO.2 Vs 1 The Inspector of Police South Gate Police Station Madurai.
Crime No. 163 of 2022.
... Respondent/Respondent/Complainant 2 Senthilkumar ... Respondent/Respondent / Defacto Complainant Prayer :- CRL MP(MD). No.1718 of 2023 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c. To pass an order to dispense with the personal appearance of the petitioner in connection with the case in C.C.No.2034 of 2022 on the file of the learned Judicial Magistrate No.IV,Madurai until dispose of main quash petition.
Prayer in CRL OP(MD). 1946/ 2023 :
Criminal Original Petition filed under section 482 of Cr.p.c. To call for the records and quash the final report pertaining to the case in C.C.No.2034 of 2022 on the file of the learned Judicial Magistrate No.IV,Madurai and quash the same ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.Venkatesan Advocate for the Petitioner and of Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for the 1st Respondent, this Court made the following order:
Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
2.Considering the facts and circumstances of the case, the personal appearance of the petitioner before the trial Court is https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD). No.1718 of 2023 ordered to be dispensed with, on conditions that she 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 petitioner is further directed to give an undertaking in the form of affidavit that she will be duly represented by a counsel on all hearing dates and that the Counsel representing her will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event her presence is insisted by the trial judge for the purpose of identification.
If the petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for her appearance and deal with the petitioner in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.
1. The Judicial Magistrate No.IV, Madurai
2. The Inspector of Police South Gate Police Station Madurai.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 02/02/2023 ==========================
ORDER
========================== CRL MP(MD). No.1718 of 2023 in CRL OP(MD)1946 of 2023 Giving direction and etc.
as stated within.
KB(28.02.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2