Vatchala Manoharan v. The Drug Inspector

CRL MP(MD) No.2179 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.2179 of 2023 IN CRL OP(MD) No.2422 of2023 VATCHALA MANOHARAN ... PETITIONER/PETITIONER/ ACCUED NO.7 Vs The State rep.by, THE DRUG INSPECTOR MADURAI WEST RANGE, OFFICE OF THE ASSISTANT DIRECTOR OF DRUGS CONTROL, NO.5, RAMAIAH STREET, SHENOY NAGAR, MADURAI SOUTH ZONE-625020. ... RESPONDENT/RESPONDENT/ 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 petitioners in PRC No.156/2022 on the file of the Learned Judicial Magistrate No.V, Madurai District pending disposal of the Criminal Original Petition.

Prayer in CRL OP(MD). 2422/ 2023 :

To call for the records pertaining to PRC no.156/2022 on the file of the Learned Judicial Magistrate No.V, Madurai District and quash the same,so far as the petitioner is concerned. 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.MUTHU SARAVANAN C, Advocate for the petitioner and of M/S.R. SIVAKUMAR, Government Advocate(crl.side) on behalf of the Respondents the court made the following order:- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

2. Considering the facts and circumstances of the case, the personal appearance of the petitioner before the Committal Court is ordered to be dispensed with, on conditions that she shall appear at the time of furnishing copies, at the time of committal and on the https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.2179 of 2023 hearings, specifically directed by the Committal 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. If the petitioner adopt any dilatorial tactics, it is open to the Committal 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.

sd/- 09/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE DRUG INSPECTOR MADURAI WEST RANGE, OFFICE OF THE ASSISTANT DIRECTOR OF DRUGS CONTROL, NO.5, RAMAIAH STREET, SHENOY NAGAR, MADURAI SOUTH ZONE-625020.

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

ORDER

IN CRL MP(MD) No.2179 of 2023 IN CRL OP(MD) No.2422 of2023 Date :09/02/2023 VA/SB/SAR-4/13.02.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2